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ONGRESS, 

IWi Session. 



[68] 



THE 




OR THX SUBJECT OF 



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TOOETHKU WITH TnB 



MESSAGES AND DOCUMENTS 



RELATING THERETO. 



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Margh 22, 1826. 
Printed by order of the Senate of the United States, 



WASHINGTON; 

TIUNTED By GALES &? SEAT! 
1 826. 






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3 [es] 

IN SENATE OF THE UNITED STATES. 

MONDAY, December 26, 1825. 

The following Message was received from the President of the 
United States, by Mr. John Adams, Jr. 

To the Senate of the United States: 

Washington, 26th December, 1825. 

In the Message to both Houses of Congress at the commencement 
of the Session, it was mentioned that the Governments of the Repub- 
lics of Colombia, of Mexico, and of Central America, had severally 
invited the Government of the United States to be represented at the 
Congress of American Nations, to be assembled at Panama, to deli- 
berate upon objects of peculiar concernment to this hemisphere, and 
that this invitation had been accepted. 

Although this measure was deemed to be within the constitutional 
competency of the Executive, I have not thought proper to take any 
step in it before ascertaining that my opinion of its expediency will 
concur with that of both branches of the Legislature: first, by the de- 
cision of the Senate upon the nominations to be laid before them; and, 
secondly, by the sanction of both Houses to the appropriations, without 
which it cannot be carried into effect. 

A report from the Secretary of State, and copies of the correspon- 
dence with the South American Governments, on this subject, since 
the invitation given by them, are herewith transmitted to the Senate. 
They will disclose the objects of importance which are expected to 
form a subject of discussion at this meeting, in which interests of high 
importance to this Union are involved. It will be seen that the United 
States neither intend, nor are expected to take part in any delibera- 
tions of a bclligerant character ; that the motive of their attendance 
is neither to contract alliances, nor to engage in any undertaking or 
project importing hostility to any other nation. 

But the Southern American Nations, in the infancy of their inde- 
pendence, often find themselves in positions, with reference to other 
countries, with the principles applicable to which, derivable from the 
state of independence itself, they have not been familiarized by expe- 
rience. The result of this has been, that, sometimes, in their inter- 
course with the United States, they have manifested dispositions to 
reserve a right of granting special favors and privileges to the Spa- 
nish Nation as the price of their recognition; at others, they have ac- 
tually established duties and impositions operating unfavorably to the 
United States, to the advantage of other European Powers; and some- 
times they have appeared to consider that they might interchange^ 
among themselves, mutual concessions of exclusive favor, to which 
neither European Powers nor the United States should be admitted. 
In most of these cases, their regulations, unfavorable to us, have 



A-'> 



[' 68 ] 4 

yielded to friendly expostulation and remonstrance; but it is believed 
to be of infinite moment, that the principles of a liberal commercial 
intercourse should be exhibited to them, and urged, with disinterested 
and friendly persuasion upon them, when all assembled for the avow- 
ed purpose of consulting together upon the establishment of such prin- 
ciples as may have an important bearing upon their future welfare. 

The consentaneous adoption of principles of maritime neutrality, and 
favorable to the navigation of peace, and commerce in time of war, 
will also form a subject of consideration to this Congress. The doc- 
trine that free ships make free goods, and the restrictions of reason 
upon the extent of blockades, may be established, by general agree- 
ment, with far more ease, and perhaps with less danger, by the general 
engagement to adhere to them, concerted at such a meeting, than by 
partial treaties or conventions with each of the nations separately. 
An agreement between all the parties represented at the meeting, that 
each will guard, by its own means, against the establishment of any 
future European Colony within its borders, may be found advisable. 
This was, more than two years since, announced by my predecessor to 
the world, as a principle resulting from the emancipation of both the 
American Continents. It may be so developed to the new Southern 
Nations, that they will all feel it as an essential appendage to their 
independence. 

There is yet another subject, upon which, without entering into any 
treaty, the moral influence of the United States may, perhaps, be ex- 
erted with beneficial consequences at such a meeting — the advance- 
ment of religious liberty. Some of the Southern Nations are, even 
yet, so far under the dominion of prejudice, that they have incorpo- 
rated, with their political constitutions, an exclusive church, without 
toleration of any other than the dominant sect. The abandonment of 
this last badge of religious bigotry and oppression may be pressed 
more effectually by the united exertions of those who concur in the 
principles of freedom of conscience, upon those who are yet to be con- 
vinced of their justice and wisdom, than by the solitary efforts of a 
minister to any one of the separate Governments. 

The indirect influence which the United States may exercise upon 
any projects or purposes originating in the war, in which the Southern 
Republics are still engaged, which might seriously affect the interests 
of thi9 Union, and the good offices by which the United States may 
ultimately contribute to bring that war to a speedier termination, though 
among the motives which have convinced me of the propriety of com- 
plying with this invitation, are so far contingent and eventual, that it 
would be improper to dwell upon them more at large. 

In fine, a decisive inducement w ith me, for acceding to the mea- 
surers to shew, by this token of respect to the Southern Republics, the 
interest that we take in their welfare, and our disposition to comply 
with their wishes. Having been the first to recognize their indepen-' 
dence, and sympathised with them so far as was compatible with our 
neutral duties, in all their struggles and sufferings to acquire it, \vr 
have laid the foundation of our future intercourse with them in the 



5 . [68 J 

broadest principles of reciprocity, and the most cordial feelings of 
fraternal friendship. To extend those principles to all our commercial 
relations with them, and to hand down that friendship to future ages, 
is congenial to the highest policy of the Union, as it will be to that of 
all those nations and their posterity. In the confidence that these sen- 
timents will meet the approbation of the Senate, I nominate Richard 
G. Anderson, of Kentucky, and John Sergeant, of Pennsylvania, 
to be Envoys Extraordinary and Ministers Plenipotentiary to the 
Assembly of American Nations at Panama; and William B. Ro- 
chester, of New York, to be Secretary to the Mission. 

JOHN QUINCY ADAMS. 



The President of the United States: 

Department of State, 

Washington, December 20, 1825. 

Sir: Agreeably to your direction, 'that a statement should be pre» 
sented to you of what passed in the Department of State, with the 
Ministers of the Republic of Colombia, Mexico, and Central Ameri- 
ca, in respect to the invitation to the United States to be represented 
in the Congress at Panama, I have the honor now to report: 

That, during the last Spring, I held separate conferences, on the 
same day. with the respective Ministers of Mexico and Colombia, at 
their request, in the course of which each of them verbally stated 
that his Government was desirous that the United States should be re- 
presented at the proposed Congress, and that he was instructed to 
communicate an invitation to their Government to send representa- 
tives to it. But that, as his Government did not know whether it 
would, or would not, be agreeable to the United States to receive 
such an invitation, and as he did not wish to occasion any embar- 
rassment, he was charged informally to inquire, previous to the de- 
livery of the invitation, whether it would be accepted if given by 
both of the Republics of Mexico and Colombia. It was also stated, 
by each of those Ministers, that his Government did not expect that 
the United States would change their present neutral policy, nor was 
it desired that they should take part in such of the deliberations, 
of the proposed Congress as might relate to the prosecution of the 
present war. 

Having laid before you what transpired at these conferences, I re 
ceived, about a week after they had been held, your direction to in- 
form the Ministers of Mexico and Colombia, and I accordingly did 
inform them, that their communication was received with due sensi- 
bility to the friendly consideration of the United States by which it 
had been dictated^ that, of course, they could not make themselves a 
party to the existing war with Spain, nor to councils for deliberating 
on the means of its further prosecution; that the President believed, 
such a Congress as was proposed, might be highly useful in settling 



[68] « 

several important disputed questions of public law, and in arranging 
other matters of deep interest to the American continent, and strength- 
ening the friendship and amicable intercourse between the American 
Powers; that, before such a Congress, however, assembled it appear- 
ed to him to be expedient to adjust, between the different Powers to 
be represented, several preliminary points, such as the subjects to 
which the attention of the Congress was to be directed, the nature 
and the form of the powers to be given to the diplomatic agents who 
were to compose it, and the mode of its organization and action. If 
these preliminary points could be arranged in a manner satisfactory 
to the United States, the Ministers from Colombia and Mexico were 
informed that the President thought the United States ought to be re- 
presented at Panama. Each of those Ministers undertook to trans- 
mit to his Government the answer which was thus given. 

In this posture the affair remained until the letters were received 
which accompany this rept.rt, from the Ministers of the Republics of 
Mexico and Colombia, under date of the 3d and 2d of November last. 
To both of those letters the same answer was returned, in official 
notes, a copy of one of which is with this report. 

The first, and only communication from the Minister of the Re- 
public of Central America to this Department, in regard to the Con- 
gress at Panama, is contained in his official note, a copy of which, 
together with a copy of the answer which was returned, by your di- 
rections, will be found along with this report. 
I have the honor to be. 

With great respect. 

Your obedient servant, 

II. CLAY. 



Mr. Obregon to Mr. Clay. 

[translation.] 

Legation of the United States of Mexico, 

Washington, 3d November, 1825. 
Hon. Henry Clay, Secretary of State; 

The underwritten Minister Plenipotentiary has the honor of in- 
forming the Honorable Secretary of State, that he has communicated 
to his Government the conversations which occurred between them, 
on his making known to him the determination of the Governments 
of Colombia and Mexico, to form a Congress of Representatives from 
the new States of the Continent, who, to that end, had been invited; 
in which, were to be discussed subjects of general interest to all the 
American Powers, as well as those which might be particularly sug- 
gested by the existence and actual position of the new Powers; and 
in the meeting of which, it was thought proper by the Government of. 



7 [68] 

the subscriber, that the United States of America, by means of their 
Commissioners, should constitute and take part, as being so much in- 
terested in the first and principal subject upon which the Congress 
would be engaged. 

In consequence of which, being informed of the concurrence of this 
Government, in the idea of discussing the first point in a Congress, 
as was desired; and that it would send Representatives to it, under 
condition that the neutrality in which it stood towards Spain should 
not be violated, and that it should be invited thereto, by the Repub- 
lics of Mexico and Colombia, who should, moreover, signify the af- 
fairs with which it was to be occupied, to promote its object, and the 
necessary uniformity of credentials, or authorization, of the respective 
Eepresentatives — the President of the United States of Mexico has 
charged and commissioned anew the underwritten, to make the in- 
vitation, and to point out the affairs a* stated. 

The Government of the subscriber never supposed nor desired, 
that the United States of America would take part in the Congress 
about to be held, in other matters than those which, from their na- 
ture and importance, the late administration pointed out and charac- 
terized as being of general interest to the continent; for which rea- 
son, one of the subjects which will occupy the attention of the Con- 
gress, will be the resistance or opposition to the interference of any 
neutral nation, in the question, and war of independence, between the 
new Powers of the continent, and Spain. 

The Government of the undersigned apprehends that, as the Pow- 
ers of America are of accord as to resistance, it behoves them to dis- 
cuss the means of giving to that resistance all possible force, that the 
evil may be met, if it cannot be avoided; and the only means of ac- 
complishing this object, is by a previous concert, as to the mode in 
which each of them shall lend its co operation; for otherwise, resis- 
tance would operate but partially, and in a manner much less certain 
and effective. 

The opposition to colonization in America, by the European Pow- 
ers, will be another of the questions, which may be discussed, and 
which is in like predicament with the foregoing. 

After these two principal subjects, the Representatives of the Unit- 
ed States of America may be occupied upon others, to which the exis- 
tence of the new States may give rise, and which it is not easy to 
point out, or enumerate; for which, the Government of the United 
States of Mexico will give instructions and ample powers to its Com- 
missioners, and it trusts that those from the other Powers may bear 
the same. 

The Congress is to be assembled in Panama; at which city, the 
Representatives from Colombia, Peru, Guatemala, and Mexico, will 
have already arrived at the date of this; they will be engaged upon 
the preliminary rules of the Assembly; and likewise upon questions 
which belong exclusively to the belligerents. 

The United States of America may send their Representatives to 
that city, to take part in those questions, which, long since they were 



[ 68 ] 8 

the first in declaring to the world they regarded as of transcendant 
importance to the interests of all America; and in others, to which 
.the formation of the new States will give rise; the concurrence in 
•which, will, moreover, accomplish the object so much desired by (heir 
respective Governments, of manifesting, by deeds, the disposition and 
facility which the Powers of this continent possess, to act in concert 
in the common cause. 

To which end, and in compliance with the tenor of the conversa- 
tions held with the Hon. Secretary of State, the underwritten Minis- 
ter Plenipotentiary invites this Government to send Representatives 
to the Congress of Panama, with authorities as aforesaid, and v\ ith 
express instructions in their credentials, upon the two principal ques- 
tions; in which step, he is likewise joined by the Minister of Colom- 
bia; and with which he trusts, he has fulfilled all that was stipulated 
to this end. 

The subscriber has the honor, on this occasion, to present to the 
Hon. Secretary of State his respects and highest consideration. 

PABLO OBREGON. 



Mr. Salazar to the Secretary of State. 

[translation.] 

Legation of Colombia, near the United States of North America, 
Washington, Nov. 2, 1825. 

The undersigned has the honor to communicate to the Honorable 
Henry Clay, for the information of his Government, and the attain- 
ment of the objects proposed, that the assembly of American Plenipo- 
tentiaries, in relation to which the Minister from Mexico, and the 
undersigned have held some verbal conferences with the Secretary of 
State, at their previous request, will shortly be organized; as the 
Plenipotentiaries from Peru are already at the Isthmus of Panama; 
the place appointed for the Congress, and those from Colombia and 
other American Republics, are on their way to this assembly, which 
they have provided for by public treaties. 

The Honorable Secretary having intimated, in the name of his Go- 
vernment, that the United States, if formally invited by Mexico and 
Colombia, and apprized of the subjects to be discussed, would, on 
their part, appoint a person to represent them, if these subjects should 
be approved by the United States, the undersigned is accordingly 
authorized by his Government, to address this invitation which he 
now makes by this note, in all due form. He is also assured, that 
the Minister from Mexico will present the same invitation on the 
part of his Government, and the Minister from Guatimala has just 
received similar instructions from his Government. 

Of the points which will be under discussion by the Assembly of 
Panama, the undersigned is unable to give a miuute enumeration; as 



9 [68] 

they will evidently arise out of the deliberations of the Congress. 
He is, however, authorized by his Government to assure the United 
States, that these points have no tendency to violate their professed 
principles of neutrality. The undersigned has also been instructed 
to suggest some subjects that will form useful matter of discussion in 
the Congress. 

These subjects constitute two classes — 

1st. Matters peculiarly and exclusively concerning the belligerents j 

£d. Matters between the belligerents and neutrals. 

As the United States will not take part in the discussion of sub- 
jects of the first description, we will confine ourselves to the latter. 

At Panama, the best and most opportune occasion is offered to the 
United States to fix some principles of international law, the unset- 
tled state of which, has caused much evil to humanity. It is to be 
presumed that this Government possesses more light upon the subject 
than the other states of our hemisphere, both from its experience 
during the wars that succeeded the French Revolution, and from its 
negotiations now on foot with Great Britain and other nations- rela- 
tive to these principles. It belongs to each of the concurring parties 
to propose their views, but the voice of the United States will be heard 
with the respect and deference, which its early labors in a work of 
such importance will merit. 

The manner in which all colonization of European Powers on the 
American Continent shall be resisted, and their interference in the 
present contest between Spain and her former colonies prevented, 
are other points of great interest. Were it proper, an eventual al- 
liance, in case these events should occur, which is within the range 
of possibilities, and the treaty, of which no use should be made until 
the casus foederis, should happen to remain secret; or, if this should 
seem premature, a convention so anticipated, would be different means 
to secure the same end of preventing foreign influence. This is a 
matter of immediate utility to the American States that are at war 
with Spain, and is in accordance with the repeated declarations and 
protests of the Cabinet at Washington. The conferences held on 
this subject being confidential, would increase mutual friendship, and 
promote the respective interests of the parties. 

The consideration of the means to be adopted for the entire aboli- 
tion of the African slave trade, is a subject sacred to humanity, and 
interesting to the policy of the American States. To effect it, their 
energetic, general, and uniform co-operation, is desirable. At the 
proposition of the United States, Colombia made a Convention with 
them on this subject, which has not been ratified by the Government 
of the United States. Would that America, which does not think 
politic what is unjust, would contribute in union, and with common 
consent, to the good of Africa ! 

The descendants of this portion of the globe have succeeded in 
founding an independent Republic, whose government is now recog- 
nized by its ancient Metropolis. On what basis the relations of 
Hay ti, and of other parts of our hemisphere, that shall hereafter be in 



[68] 



10 



like circumstances, are to be placed, is a question simple at first 
view, but attended with serious difficulties when closely examined. 
These arise from the different manner of regarding Africans, and 
from their different right; in Hayti, 'he United States, and in other 
American States, This question will be determined. at the Isthmus, 
and. if possible, a uniform rule of conduct adopted in regard to it, or 
those modifications that may be demanded by circumstances. 

The undersigned merely makes these suggestions by way of exam- 
ple j it is left to the wisdom of the Governments and the judgments of 
their Representatives, to propose whatever may be esteemed of com- 
mon good to the new hemisphere. Inviting the United States, in the 
name of Colombia, to a ( ongress the mere assembling of which will 
increase the political importance of America, and show the facility 
with which she can combine her resources in defence of common 
rights when necessary the undersigned hopes that the United States 
will make an early appointment of a person or persons to represent 
them in this Assembly, as the conditions that were required have been 
fulfilled- 

The undersigned has the honor to offer to the Honorable Henry 
Clay his most distinguished consideration. 

JOSE MARIA SALAZAR. 



Mr. Clay to Mr. Obregon. 

Department of State. 

Washington, 50th JVfcw. 1825. 

Sir: I have the honor to acknowledge the receipt of your official 
note of the third ins'ant. communicating a formal invitation from 
the Government of the United States of Mexico, to that of the United 
States, to send deputies to the contemplated Congress of Panama; 
and particularizing several subjects, which your Government con- 
ceives may be proper for the consideration of that Congress ; and [ 
have laid your note before the President of the United States. 

When, at your instance, during the last Spring, 1 had the honor of 
receiving yon at the Department of State, and conferring with you 
verbally, in regard to the proposed Congress, and to the friendly 
wish entertained by your Government that ours should be represent- 
ed at it. I stated to you, by direction of the President, that it appear- 
ed to him to be necessary, before the assembling of such a Congn 
settle between the different Powers to be represented, several prelimi- 
nary points, such as the 3tibjects to which the attention of the Con- 
gress should be directed : the substance and the form of the pov, ers to 
be given to the respective representatives ; and the mode if organiz- 
ing the Congress; and that, if these points should he satisfactorily 
arranged, the President would be disposed to accept, in behalf of the 



11 [68 3 

United States, the invitation with which you were provisionally 
charged. 

In your note, there is not recognized so exact a compliance with 
the conditions on which the President expressed his unwillingness that 
the United States should be represented at Panama, as could have 
been desired. It would have been, perhaps, better, if there had been 
a full understanding between all the American Powers, who may as- 
semble by their representatives, of the precise questions on which 
they are to deliberate; and that some other matters respecting the 
powers of the deputies, and the organization of the Congress, should 
have been distinctly arranged, prior to the opening of its deliberations. 
But, as the want of the adjustment of these preliminaries, if it should 
occasion any inconvenience, could be only productive of some delay, 
the Presideut has determined, at once, to manifest the sensibility of 
the United States, to whatever concerns the prosperity of the Ameri- 
can hemisphere, and to the friendly motives whch have actuated your 
Government in transmitting the invitation which your have commu- 
nicated. He has therefore resolved should the Senate of the United 
States, now expected to assemble in a few days, give their advice and 
consent, to send Commissioners to the Congress at Panama. Whilst 
they will not be authorized to enter upon any deliberations, or to 
concur in any acts inconsistent with the present neutral position of 
the United States, and its obligations, they will be fully empowered 
and instructed upon all questions likely to arise in the Congress, on 
subjects in which the nations of America have a common interest. All 
unnecessary delay will be avoided in the departure of these Commis- 
sioners from the United States, for the point of their destination. 

I avail myself of the occasion to offer you assurances of my distin- 
guished consideration, 

H. CLAY. 
Doj? Pablo Obregof, Envoij Extraordinary 

and Minister Plenipotentiary from Mexico. 



Mr. Clay to Mr. Salaxar. 

Bon Jose Maria Salazar, Envoy Extraordinary and Minister Pleni- 
potentiary from Colombia. 

Department of State, 

Washington, 30th November, 1825. 

Sir: I have the honor to acknowledge the receipt of your official 
note of the third instant, communicating a formal invitation from the 
Government of Colombia, to that of the United States, to send De- 
puties to the contemplated Congress at Panama, and particularizing 
several subjects which your Government conceives may be proper 
for the consideration of that Congress ; and I have laid your note 
before the President of the United States. 



[68] 12 

"When, at your instance, during the last spring, I had the honor of 
receiving you at the Department of Slate, and conferring with you 
Verbally, in regard to the proposed Congress, and to the friendly 
Avish entertained by your Government, that ours should be repre- 
sented at it, I stated to you by the direction of the President, that 
it appeared to him to be necessary, before the assembling of such a 
Congress, to settle between the different Powers to be represented, 
several preliminary points; such as the subjects to which the atten- 
tion of the Congress should be directed; the substance and the form 
of the powers to be given to the respective representatives; and the 
mode of organizing the Congress; and that if these points should be 
satisfactorily arranged, the President wouid be disposed to accept, 
in behalf of "the United States, the invitation with which you were 
provisionally charged. 

In your note there is not recognized so exact a compliance with 
the conditions on which the President expressed his willingness that 
the United States should be represented at Panama, as could have 
been desired. It would have been perhaps better, if there had been 
a full understanding between all the American Powers who may as- 
semble by their representatives, of the precise questions on which 
they are to deliberate, and that some other matters, respecting the 
powers of the Deputies, and the organization of the Congress, should 
have been distinctly arranged, prior to the opening of its delibera- 
tions. But, as the want of the adjustment of these preliminaries, if 
it should occasion any inconvenience, could be only produeti\e of 
some delay: the President has determined, at once, to manifest the 
sensibility of the United States to whatever concerns the prosperity 
of the American hemisphere, and to the friendly motives which have 
actuated your Government in transmitting the invitation which you 
have communicated. He has, therefore, resolved, should the Senate 
of the United States, now expected to assemble in a few days, give 
their advice and consent, to send Commissioners to the Congress of 
Panama. Whilst they will not be authorized to enter upon any de- 
liberations, or to concur in any acts inconsistent with the present 
neutral position of the United States and its obligations, they will be 
fully empowered and instructed, upon all questions likely to arise in 
the Congress, on subjects in which the nations of America have a 
common interest. All unnecessary delay will be avoided in the de- 
parture, of these Commissioners from the United States for the point 
of their destination. 

I avail myself of the occasion to offer you assurances of my dis- 
tinguished consideration. 

H. CLAY. 



18 [ 68 ] 

Mr. Cana% to the Secretary of State. 

[translation]. 
To the Hon. the Secretary of State. 

Washington, Nov. 14, 1825. 

The Government of Central America which I have the honor to re- 
present, as early as the year 1821, was sensible of the importance to 
the independent nations of this continent, of a general Congress of 
their representatives at some central point, which might consider 
upoq, and adopt the best plan for defending the States of the New 
\Vorld from foreign aggression, and, by treaties of alliance, com- 
merce, and friendship, raise them to that elevation of wealth and 
power, which, from their resources, they may attain. It also acknow- 
ledged that, as Europe had formed a continental system, and held a 
Congress whenever questions affected its interests were to be dis- 
cussed; America should form a system for itself, and assemble, by its 
representatives, in Cortes, whenever circumstances of necessity and 
great importance should demand it. 

Entertaining these views, the Government of Central America vo- 
luntarily expressed its willingness to appoint its deputies for such an 
object; sensible of its importance, which has also been felt by the 
Governments of South America, it has resolved to send plenipotenti- 
aries to a general Congress, to be formed for the purposes of pre- 
serving the territorial integrity, and firmly establishing the absolute 
independence, of each of the American Republics- On the 19th of 
March last, the Government of Central America formed a convention 
with that of Colombia, providing for this object; and I, as its repre- 
sentative, have been instructed to express to the Government of the 
United States the desire entertained by my Government, that it should 
send a representative to the general Congress. 

To fulfil the wishes of my Government, and convinced, at the same 
time, of the importance and respectability which would attach to the 
general Congress of tne American Republics, from the presence of 
envoys from the United States of America, 1 now address this high 
Government upon this subject, in the name of Central America. I am 
anxious, therefore, to know, if this Republic, which has ever shown 
itself the generous friend of the new American States, is disposed to 
send its envoys to the general Congress, the object of which, is to pre- 
serve and confirm the absolute independence of these Republics, and 
to promote the general good, and which will not require, that the repre- 
sentatives of the United States should, in the least, compromit their pre- 
sent neutrality, harmony, and good intelligence with other nations. 
This, my Government has deemed it necessary to state distinctly, in 
making the present invitation. 

Be pleased, Sir, to accept expressions of the high consideration, 
with which 

I am, respectfully, 

Your obedient servant. 

ANTONIO JOSE CANAZ. 



[68] 14 

Mr. Clay to Mr. Canaz. 

Department of State, 
Washing/on, Nov. 30. 1825. 

Sir: I have the honor to acknowledge the receipt of your official 
note of the 14th instant, communicating an invitation from the Gov- 
ernment of the Federation of the Centre of America, to that of* the 
United States, to the contemplated Congress at Panama. Having 
laid it before the President, I am instructed by him to say, that the 
United States, always feeling the deepest interest in whatever concerns 
the prosperity of the American hemisphere and receiving, with great 
sensibility, this new proof of the friendly esteem of the Government 
of the Central Republic, will be represented at that Congress, if the 
Senate of the United States should so advise and consent. That body 
will assemble in the course of a few days, and, if it concur with the 
President, Commissioners from the United States will be deputed to 
Panama, without any unnecessary delay These Commissioners will 
be empowered and instructed upon all questions which may appear to 
this Government, to be likely to arise in the Congress, on subjects in 
which the Nations of America may be supposed to have a common 
interest. 

I avail myself of the occasion to offer you, Sir, assurances of my 
distinguished consideration. 

H. CLAY, 
Don Antonio Jose Canaz, 

Envoy Extraordinary and Minister Plenipotentiary 
from Central America. 

The Message, and the accompanying documents, were read. 

Ordered, That they he printed in confidence for. the use of the mem-, 
bers. 

WEDNESDAY, December 23, 1826. 

11 On motion, 

* Ordered, That the Message of the President of the United States, of 

* the 26th instant, nominating Richard C Anderson and John Sergeant, 
to be Envoys Extraordinary and Ministers Plenipotentiary to the 

\ Assembly of American Nations at Panama, he referred to the Com- 

( mittee on Foreign Relations, to consider and report thereon. 

Mr. Branch submitted the following motion for consideration, which 
*• was read, and ordered to be printed in confidence, for the use of the 

members. 

Whereas the President of the United States, in his opening Message 
to Congress, asserts, that "invitations had been accepted, and that 
"Ministers on the part of the United States would be commissioned 
*<to attend the deliberations at Panama." without submitting said no- 
minations to the Senate : And whereas, in an Executive communica- 
tion of the 26th day of December, 1825, although he submits the no- 



15 [68] 

minations, yet maintains the right, previously announced in his open- 
ing Message, that he possesses an authority to make such appoint- 
ments, and to commission them without the advice and consent of the 
Senate : And whereas a silent acquiescence on the part of this body 
may, at some future time, be drawn into dangerous precedent : there- 
fore, 

Resolved, That the President of the United States does not consti- 
tutionally possess either the right or the power to appoint Ambassadors 
or other public Ministers, but with the advice and consent of the Se- 
nate, except when vacancies may happen in the recess. 

TUESDAY, January 3, 1826. 

The Senate proceeded to the consideration of the motion, submitted 
an the 28th December, relative to the extent of the Executive Power; 
and 

Ordered, That it lie on the table. 

WEDNESDAY, January 4, 1826. 

On motion of Mr. Macon, 

Resolved, That the President of the United States be requested to 
communicate to the Senate, confidentially, any conventions in pos- 
session of the Executive, between any of the new States of America, 
relative to the proposed Congress of Panama; and also, any other 
information upon that subject, not heretofore communicated, tending 
to show the propriety of the United States sending Ministers to said 
Congress. 

TUESDAY, January 10, 1826. 

The following message was received from the President of tlie 
United States, by Mr. John Adams, Jr. 

To the Senate of the United States : 

Washington, 9th January, 1826.- 

In compliance with a resolution of the Senate, of the 3d instant* 
I communicate herewith in confidence, a report from the Secretary of 
State, with translations of the conventions, and documents, containing 
information of the nature referred to in the said resolution. 

JOHN QUINCY ADAMS. 



The Secretary of State, to whom the President has referred the 
resolution of the Senate, of the 3d of January, 1826, requesting him 
fo communicate to the Senate, confidentially, any Conventions hi pos> 



E68] 



ib 



session of the Executive, between any of the new States of America, 
relative to the proposed Congress of Panama; and. also, an) other 
information upon that subject, not before communicated, tending to 
shew the propriety of the United States sending Ministers to said 
Congress, has the honor to report: 

That, in compliance with the first part of the resolution, Conven- 
tions are herewith presented, between — 

The Republic of Colombia and that of Chile; 
The Republic of Colombia and Peru; 
The Republic of Colombia and the Federation of the Centre 

of America; and 
The Republic of Colombia and the United Mexican States. 
That the latter part of the resolution of the Senate opens a w ide field, 
and might be made to embrace all the foreign relations, American and 
European, of the United States; but it is presumed that it was not in- 
tended to have this extended scope. Under this impression, certain 
parts of the correspondence between the Executive Government of the 
United States and tlie Governments of Russia. Fiance. Colombia, and 
Mexico, of which a descriptive list accompanies (his report, and 
which are supposed to have such a connexion with the resolution of 
the Senate, as to render their communication acceptable, are now 
respectfully laid before the President. The negotiations to which a 
portion of this correspondence relates, being yet in progress, the pro- 
priety of the confidential restriction which the Senate itself has sug- 
gested, must be quite evident. 

All which is respectfully submitted. 

II. CLAY. 
Department of State, 

Washington, 9th January, 1826. 

ENCLOSURES. 



The four treaties referred to. 

Mr. Clay to Mr. Middleton, 10th May. 

Mr. Middleton to Mr. Clay, 15th (27th) July, 

Same to same, 27th August, (8th September.) 

Count Nesselrode to Mr. Middleton, 20th Aug 

Mr. Clay to Mr. Middleton, 26th December, 

Same to Mr. Salazar, 20th December, 

Mr. Poinsett to Mr. Clay, 13th September, 

Same to same. 28th September, 

Mr. Clay to Mr. Poinsett. 9th November, 

Same to Mr. Brown, 25th October, 

Same to Mr. Obregon,* 20th December, 

Mr. Salazar to Mr. Clay. 30th December, 

Mr. Obregon to the same, 4th Jan. 1826, 





Translations. 


1825. 

do. 


Copy. 
do. 


do. 


do. 


, do. 


Translation. 


do. 
do. 


Copy, 
do. 


do. 


Extract. 


do. 


do. 


do. 
do. 


Copy. 

do." 


do. 


do. 


do. 


Translation. 




do. 



* Copy of the note to Mr. Obregon, not sent, being - , in substance, the same as that 
to Mr. Salazar, of the same date. 



.47 [ 68 i 



COLOMBIA AND CHILE, 

[translation.] 

Francisco de Paula Santander, of the Liberators of Venezuela and 
Cundinamarca, decorated with the cross of Boyaca, General of Di- 
vision of the Armies of Colombia, Vice President of the Republic, 
charged with the Executive power, &c. &c. &c. 

To all tvho shall see these presents, greeting: 

Whereas there has been concluded and signed, in Ihe City of San- 
tiago de Chile, on the twenty-first day of October, in the year of Grace 
one thousand eight hundred and twenty-two, between the Republic of 
Colombia and the State of Cbile, by means of Plenipotentiaries suf- 
ficiently authorized by both parties, a treaty of perpetual union, league, 
and confederation, the tenor whereof is, word for word, as follows: 

In the name of God, the Author and Legislator of the Universe: 
The Government of the Republic of Colombia, on the one part, and 
on the other that of the State of Chile, animated with the most sin- 
cere desire of putting a speedy termination to the calamities of the 
present war, to which they have been incited by the Government of 
His Catholic Majesty, the King of Spain, by effectually co-operating, 
for so important an object, with all their influence, resources, and 
forces, by sea and land, to secure forever to their respective people, 
subjects, and citizens, the precious enjoyments of their internal tran- 
quillity, of their liberty and national independence: and his excellency 
the Liberator, President of Colombia, having, for that purpose, con- 
ferred full powers upon the honorable Joaquin Mosquera and Arbolida, 
member of the Senate of the Republic of the same name; and his ex- 
cellency the Supreme Director of the State of Chile, upon his Minis- 
ters of State in the Departments of Government and Foreign Rela- 
tions, D. Joaquin de Echeverria, and in those of Finance and War, 
D. Jose Antonio Rodriguez; they, after having exchanged, in good 
and due form, the said powers, have agreed on the following articles: 

Article 1. The Republic of Colombia and the State of Chile are 
united, bound, and confederated, in peace and war, to maintain with 
their influences and forces, by sea and land, as far as circumstances 
permit, their independence of the Spanish nation, and of any other 
foreign domination whatsoever, and to secure, after that is recognized, 
their mutual prosperity, the greatest harmony and good understand- 
ing, as well between their people, subjects, and citizens, as with other 
Powers with which they may enter into relations. 

Article 2. The Republic of Colombia and the State of Chile, 
therefore, voluntarily promise and contract a league of close alliance 



£68] 18 

and firm and constant friendship, for the common defence, for the se- 
curity of their independence and liberty, for their reciprocal and ge- 
neral good, and for their internal tranquillity, obliging themselves to 
succor each other, and to repel, in common, every attack or invasion 
which may, in any manner, threaten their political existence. 

Article 3. In order to contribute to the objects pointed out in the 
foregoing articles, the Republic of Colombia binds itself to assist, with 
the disposable sea and land forces, of which the number, or its equiva- 
lent, shall be fixed at a meeting of Plenipotentiaries. 

Article 4. The State of Chile shall also contribute, with the dis- 
posable sea and land forces, of which the number, or its equivalent, 
shall be likewise fixed at the said meeting. 

Article 5. Incases of sudden invasion, both parties shall be em- 
powered to act in a hostile manner in the territories of the dependence 
of either, whenever circumstances of moment prevent their acting 
in concert with the Government to which the sovereignty of the in- 
vaded territory belongs. But the party so acting shall fulfil, and 
cause to be fulfilled, the statutes, ordinances, and laws, of the respee* 
tive States, so far as circumstances permit, and cause its Govern- 
ment to be respected and obeyed. The expenses which shall be in- 
curred in these operations, and others which may be incurred in con- 
sequence of the third and fourth articles, shall be liquidated by sepa- 
rate Conventions, and shall be made good one year after the conclu- 
sion of the present war. 

Article 6. To secure and perpetuate, in the best mode possible, 
the good friendship and correspondence between both States, their 
subjects and citizens, they shall have" free entrance and departure in 
their ports and territories, and shall enjoy there all the civil rights 
and privileges of trade and commerce, being sub jected only to the du- 
ties, imposts, and restrictions, to which the subjects and citizens of 
each of the contracting parties shall be subject. 

Article 7. In virtue hereof, the vessels and territorial produc* 
tions of each of the contracting parties shall pay no higher duties of 
importation, exportation, anchorage, and tonnage, than those esta- 
blished, or to be established, for those of the Nation in the ports of 
each State, according to the existing laws; that is to say, that the 
vessels and productions of Colombia shall pay the duties of entering 
and departure in the ports of the state of Chile as Chileans, and those 
of the state of Chile as Colombians in those of Colombia. 

Article 8. Both contracting parties oblige themselves to furnish 
what assistance may be in their power to the ships of war and mer- 
chant vessels that may come to the ports belonging to them on account 
of damage or for any other cause, and as such they shall be empow- 
ered to careen, repair, provision, arm, augment their armament and 
their crews, so as to enable them to continue their voyages or cruises 
at the expense of the state or individuals to whom they belong. 

Article 9. In order to avoid the scandalous abuses which may 
be caused by privateers armed on account of individuals to the injury 
of the national commerce, and neutrals, both parties agree in extending 



19 [ 68 j 

the jurisdiction of their maritime courts to the privateers which sail 
under the flag of either, and their prizes indiscriminately, whenever 
they are unable to sail easily to the ports of their destination, or when 
there are appearances of their having committed excesses against the 
commerce of neutral nations, with whom both states are desirous of 
cultivating the greatest harmony and good understanding. 

Article 1 0. If by misfortune the internal tranquillity be disturbed 
in any part of the states mentioned, by men turbulent, seditious, and 
enemies of the governments lawfully constituted by the voice of the 
people, freely, quietly and peaceably expressed in virtue of their laws, 
both parties solemnly and formally bind themselves to make common 
cause against them, assisting each other with whatever means are in 
their power, till they obtain the re-establishment of order and the 
empire of their laws. 

Article 11. If any person guilty, or accused of treason, sedition, 
or other grievous crime, llee from justice and be found in the territory 
of any of the states mentioned, he shall be delivered up and sent back 
at the disposal of the government which has cognizance of the crime, 
and in whose jurisdiction he ought to be tried, as soon as the offended 
party has madt his claim in form. Deserters from the national ar- 
mies and marine of either party are also comprehended in this article. 

Article 12. To draw mere closely the bonds which ought in 
future to unite both states, and to remove any difficulty which may 
present itself, or interrupt in any manner their good correspondence 
and harmony, an assembly shall be formed, composed of two plenipo- 
tentiaries for each party, in the same terms, and with the same forma- 
lities, which, in conformity to established usages, ought to be observed, 
for the appointment of the ministers of equal class near the govern- 
ments of foreign nations. 

Article 13. Both parties oblige themselves to interpose their 
good offices with the governments of the other states of America, 
formerly Spanish, to enter into this compact of union, league, and 
confederation. 

Article 14. As soon as this great and important object has been 
attained, a general assembly of the American states shall be convened, 
composed of their plenipotentiaries, with the charge of cementing, in 
the most solid and stable manner, the intimate relations which oughi 
to exist between all and every one of them, and who may serve as a 
council in the great conflicts, as a rallying point in the common dan- 
gers, as a faithful interpreter of their public treaties when difficulties 
occur, and as an umpire and conciliator in their disputes and differ- 
ences. 

Article 15. The republic of Colombia and the state of Chile 
bind themselves cheerfully to afford to the plenipotentiaries who may 
compose the assembly of the American states, all the aids which hos- 
pitality among brotherly people, and the, sacred and inviolable cha- 
racter of their persons demand, whenever the plenipotentiaries shall 
choose their place of meeting in any part of the territory of Colombia 
or that of Chile. 



[ 68 1 20 

Article 16. This compact of union, league, and confederation, 
shall in no wise interrupt the exercise of the national sovereignty of 
each of the contracting parties, as well as to what regards their laws, 
anu the establishment and form of their respective governments, as 
to what regards their relations with other foreign nations. But they 
expressly and irrevocably bind themselves not to yield to the demands 
of indemnifications, tributes, or exactions, which the Spanish govern- 
ment may bring for the loss of her ancient supremacy over these 
countries, or any other nation whatever in her name and stead, nor 
enter into any treaty with Spain, or any other nation, to the prejudice 
and diminution of this independence, maintaining on all occasions and 
in all places their reciprocal interests, with the dignity and energy of 
nations free, independent, friendly, brotherly, and confederated. 

Article 17. This treaty, or convention of amity, league, and 
confederation, shall be ratified within the third day by the government 
of the state of Chile, with the advice of the honorable National Con- 
vention, in conformity to article 4th, chapter 3d, title 3d, of the pro- 
visional Constitution, and by that of the republic of Colombia as soon 
as it can obtain the approbation of the Senate, in virtue of the resolu- 
tion by the law of Congress, of 13th October, 1821: and in case, by 
any accident, it cannot assemble, it shall be ratified in the next Con- 
gress, agreeably to the provision of the Constitution of the republic, 
in article 55, section 18. The ratifications shall be exchanged with- 
out delay, and in the period which the distance that separates both 
governments permits. 

In faith whereof, the respective plenipotentiaries have signed these 
presents, and sealed them with the seals of the states which they re- 
present. 

Done in the City of Santiago de Chile, on the twenty -first day of 
the month of October, in the year of Grace one thousand eight hundred 
and twenty-two, twelfth of the independence of Colombia, thirteenth 
of the liberty of Chile, and fifth of its independence. 

[l. s.] JOAQUIN MOSQUERA. 

r . JOAQUIN DE ECHEVERRIA, 

|i. s .j JQSE ANT0NI0 RODRIGUEZ. 



ADDITIONAL ARTICLE. 

The honorable National Convention of Chile having terminated 
its sessions on the 23d day of October last, and not having, on that 
account, had time sufficient for the discussions by which the present 
treaty ought to be ratified in the time which was agreed upon by the 
17th article, and the honorable minister plenipotentiary of Colom- 
bia having proposed to their excellencies the ministers plenipoten- 
tiary of Chile, that a new period for the ratifications should be ap- 
pointed, they consulted the most excellent Supreme Court of Repre- 
sentatives, with whose consent they have agreed with the honorable 
minister plenipotentiary of Colombia on the following article: 



%i [ 68 ] 

The present treaty, concluded in Santiago de Chile, on the 21st of 
October, 1822, shall be ratified in the space of four months, which 
shall be counted from this day, or sooner if possible, and the ratifica- 
tions shall be exchanged without delay in the time which the distance 
that separates both governments permits. 

In faith whereof, the respective plenipotentiaries sign this, and seal 
it with the seals of the governments which they represent. 

Done at Santiago de Chile, the twentieth of November, of the year 
of Grace one thousand eight hundred and twenty-two, twelfth of the 
independence of Colombia, and fifth of that of Chile. 

[l. s.] JOAQUIN MOSQUERA. 

, , JOAQUIN DE ECHEVERRIA, 

|> s.j J0SE ANTQ]S10 RODRIGUEZ. 

Therefore, having seen and examined the said treaty of union, 
league, and confederation, the consent and approbation of the Congress 
of the republic being first had, agreeably to article 55, section 18, of 
the Constitution — 1 make use of the power conferred upon me by the 
120th article of the same Constitution in ratifying it, and by these 
presents I ratify it and hold it as valid, grateful, and firm, in all its 
articles and clauses, with the exception of the words ; and for their 
internal tranquillity, of article 2d; all those which the 10th article 
expresses, and those which follow of the 11th article, to wit: If 
any person guilty, or accused of treason, sedition, or other grievous 
crime, flee from justice and- be found in the territory of any of the states 
mentioned, he shall be delivered up and sent back to the disposal of the 
government which has cognizance of the crime, and in whose jurisdic- 
tion he ought to be tried, as soon as the offended party has made his 
claim in form. And for its fulfilment and exact observance on our 
part, I solemnly engage and compromit the national honor. In faith 
whereof, I have caused issue these presents, signed with my hand, 
' sealed with the great seal of the republic, and countersigned by the 
Secretary of State and of the Despatch of Foreign Relations, in the 
Capital of Bogota, the twelfth of July, of the year of Grace one 
thousand eight hundred and twenty-three, thirteenth of our independr 
ence. 

FRANCISCO DE P. SANTANDER. 

By his excellency the Vice-President of the Republic, charged with 
the Executive power: . 
The Secretary of State for Foreign Relations, 

PEDRO GUAL. 



[ 6B 3 2i 



COLOMBIA AND PERU. 

[translation.] 

Francisco de Paula Santandcr, of the liberators of Venezuela and 
Cundinamarca, decorated with the Cross of Boyaca, general of di- 
vision of the armies of Colombia, Vice President of the Republic, 
charged with the Executive power, &c. &c. &c» 

To all who shall see these presents, greeting: 

Whereas there has been concluded and signed, between the Repub- 
lic of Colombia and the state of Peru, a Treaty additional to that of 
perpetual union, league, and confederation, on the sixth day of July, 
of the year of Grace one thousand eight hundred and twenty-two, by 
means of Plenipotentiaries sufficiently authorized by both parties, the 
tenor whereof, word for word, is as follows: 

In the name of God, the Sovereign Ruler of the Universe: 

The Government of the Republic of Colombia on the one part, and 
on the other that of the state of Peru, animated with the most sincere 
desires of terminating the calamities of the preseut w r ar, to which they 
have been provoked by the Government of His Catholic Majesty, the 
King of Spain, determined with all their resources and forces by sea and 
land to maintain effectually their liberty and independence, and desi- 
rous that this league be general between all the states of the America, 
formerly Spanish, that united, strong, and powerful, they may main- 
tain in common the cause of their independence, which is the prima- 
ry object of the present contest, have appointed Plenipotentiaries to 
discuss, arrange, and conclude a Treaty of union, league, and conv 
federation, to wit: 

His Excellency the Liberator, President of Colombia, the Honora- 
ble Joaquin Mosquera, member of the Senate of the Republic of the 
same name; and his Excellency the Supreme Delegate of the state of 
Peru, the most illustrious and honorable Colonel Dn. Bernardo Montea- 
gudo, Counsellor and Minister of State and Foreign Relations, Founder 
and Member of the great Council of the order of the Sun, and Secre- 
tary thereof, decorated with the medal of the liberator army, Supcrin. 
tendant of the finances of the General Post Office, and President of 
the Patriotic Society: who, after having exchanged their full powers, 
found in good and due form, have agreed on the following articles: 

1st. To draw more closely the bonds which ought in future to unite 
both states, and to remove any difficulty which may present itself, and 
interrupt, in any manner, their good correspondence and harmony, 
an assembly shall be formed composed of two Plenipotentiaries for 
each party, in the. terms, and with the same formalities, which, in 
conformity to established usages, ought to be observed, for the ap^ 
pointment of the Ministers of equal class near the governments of 
foreign nations. 



23 I 68 3 

2d, Both parties oblige themselves to interpose their good offices 
with the governments of the other states of America, formerly Spanish, 
to enter into this compact of perpetual union, league, and confedera- 
tion. 

3d. As soon as this great and important object has been attained, 
a general assembly of the American states shall be convened, com- 
posed of their Plenipotentiaries, with the charge of cementing, in a 
manner the most solid, and of establishing the intimate relations 
which ought to exist between all, and every one of them, and who may 
serve as a council in the great conflicts, as a rallying point in the 
common dangers, as a faithful interpreter of their public treaties when 
difficulties occur, and as an umpire and conciliator in their disputes 
and differences. 

4th. The Isthmus of Panama being an integral part of Colombia, 
and the most adequate for that august assembly, this Republic cheer- 
fully obliges itself to afford to the Plenipotentiaries who may compose 
the assembly of the American States, all the aids which hospitality, 
among brotherly people, and the sacred and inviolable character of 
their persons demand. 

5th. The state of Peru, from this time, contracts the same obliga- 
tion, whenever, by the casualties of the war, or by the consent of the 
majority of the American States, the said assembly may meet in the 
territory of its dependence, in the same terms as the Republic of Co- 
lombia has obliged itself in the former article; as well with respect to 
the Isthmus of Panama, as any other point of its jurisdiction, which 
may be believed for the purpose to this most interesting end, by its 
central position between the states of the North and of the South of 
this America, formerly Spanish. 

6th. This compact of perpetual union, league, and confederation, 
shall in no wise interrupt the exercise of the national sovereignty of 
each of the contracting parties, as well as to what regards their laws, 
and the establishment and form of their respective governments, as 
with respect to their relations with other foreign nations. But they 
expressly and irrevocably bind themselves not to accede to the de- 
mands of tributes or exactions which the Spanish Government may 
bring for the loss of her ancient supremacy over these countries, or 
any other nation whatever, in her name and stead, nor enter into any 
treaty with Spain, or any other nation, to the prejudice and diminu- 
tion of this independence, maintaining, on all occasions, and in all 
places, their reciprocal interests, with the dignity and energy of na- 
tions, free, independent, friendly, brotherly, and confederated. 

7th. The Republic of Colombia specially obliges itself to raise and 
maintain on foot, a force of four thousand men, armed and equipped, 
in order to concur in the objects pointed out in the preceding articles. 
Her national marine, whatever it may be, shall be also directed to 
the fulfilment of those stipulations. 

8th. The state of Peru shall contribute on its part with its maritime 
forces, whatever they may be, and with an equal number of troops as 
the Republic of Colombia. 



£68] U 

9th. This treaty shall be ratified by the government of the state of 
Peru in the space of ten clays, and approved by the next constituent 
Congress, if in the time of their sessions they should think good to 
publish it; and by that of the Republic of Colombia as soon as the ap- 
probation of the Senate can be obtained, according to the provision of 
the law of Congress of 13th October, 1821; and if, by some occur* 
rence, it be not extraordinarily assembled, it shall be ratified in the 
next Congress, agreeably to the resolution of the Constitution of the 
Republic in article 55, sec. 18. The ratifications shall be exchanged 
without delay, in the space which the distance separating both Go- 
vernments permits. 

In faith whereof, the respective Plenipotentiaries have signed this, 
and sealed it with the seals of the States which they represent. 

Done in the city of the Free of Lima, the sixth of July, of the year 
of Grace one thousand eight hundred and twenty-two, twelfth of the 
independence of Colombia, and third of that of Peru. 

[l. s.] BERNARDO MONTEAGUDO. 

[l. s.] JOAQUIN MOSQUERA. 

Therefore, having seen and examined the said additional treaty of 
perpetual union, league, and confederation, the consent and approba- 
tion of the Congress of the Republic being previously had, agreeably 
to sect. 18, of the 55th art. of the Constitution. I make use of the 
power which the 120th article of the same Constitution grants me in 
ratifying it, as by these presents I ratify it, and hold it as valid, grate- 
ful, and firm, and for its fulfilment and exact observance, I solemnly 
engage and compromit the honor of the Republic. In faith whereof, 
I have caused issue these presents, signed with my hand, sealed 
with the great seal of the Republic, and countersigned by the Secre- 
tary of State, and the Despatch of Foreign Relations, in the city of 
Bogota, the twelfth of July, in the year of Grace one thousand eight 
hundred and twenty-three, thirteenth of independence. 

{t. s.] FRANCISCO DE P. SANTANDER. 

By His Excellency the Vice President of the Republic, charged 
with the Executive power. 

PEDRO GUAL. 



COLOMBIA AND GUATEMALA. 

[translation.] 

Treaiij of perpetual union, league, and confederation, between the Re- 
public of Colombia and the United Provinces of Central America. 

The Republic of Colombia, and the United Provinces of Central 
America, desirous of putting a speedy termination to the calamitous 



25 [ 68 ] 

war in which they are engaged with the King of Spain; and both 
contracting powers being disposed to unite all their resources, with 
their naval and land forces, and to identify their principles and inte- 
rests in peace and war, have resolved to form a treaty of perpetual 
Union, League, and Confederation, which shall forever secure to 
them the advantages of liberty and independence. 

For this desirable object, Pedro Gual, Minister of Foreign Rela- 
tions of the Republic of Colombia, and Pedro Molina, Plenipoten- 
tiary of the United Provinces of Central America, being respectively 
furnished with full powers, and in due form, have agreed to the fol- 
lowing articles: 

1. The Republic of Colombia, and the United Provinces of Cen- 
tral America, bind themselves to a perpetual Union, League, and 
Confederation, in peace and war, to defend their independence of the 
Spanish nation, and every other, by naval and land forces, and thus 
to secure their mutual prosperity, to promote harmony and good in- 
telligence with each other, and with other nations. 

2. The Republic of Colombia, and the Provinces of Central Ame- 
rica, therefore, promise, and freely contract, a firm and constant 
friendship, and a permanent alliance, which shall be intimate and 
binding for their common defence, the security of their independence 
and liberty, and for their reciprocal and general good, they oblige 
themselves mutually to aid in repelling every attack or invasion from 
the enemies of either, that may in anywise affect their political exist- 
ence. 

3. That the objects contemplated by the preceding articles may be 
carried into effect, the Republic of Colombia engages to aid the United 
Provinces of Central America with that amount of its disposable na- 
val and land forces, which shall be determined by the Congress of 
Plenipotentiaries, to be mentioned hereafter. 

4. The United Provinces of Central America shall, in like manner, 
aid the Republic of Colombia with their disposable naval and land 
forces, or its equivalent, which shall be fixed by the aforesaid Con- 
gress. 

5. The contracting parties guaranty, mutually, the integrity of 
their respective territories, as they existed prior to the present war of 
independence, against the designs and invasions of the subjects of the 
King of Spain and his adherents. 

6. In case, therefore, of sudden invasion, each party shall be at li- 
berty to act against the enemy, within the territory of the other, 
whenever circumstances will not allow of a communication with the 
government to which the sovereignty of the country invaded belongs. 
But the party so acting shall observe, and cause to be observed, the 
statutes, ordinances, and laws, of the State, as far as circumstances 
may permit; and cause its government to be respected and obeyed,. 
The expenses of these operations, and whatever may be incurred in 
consequence of articles third and fourth, shall be settled by separate 
conventions, and paid one year after the conclusion of the present war/ 

7. The Republic of Colombia,, and the United Provinces of Central 

4 



[68] 26 

America, promise, and oblige themselves, formally, to respect the li- 
mits of each other as they now exist: and iigree, as soon as circum- 
stances will permit, to settle, in a friendly manner, by a special con- 
vention, the line of demarcation between the two States, or whenever 
one of the parties shall be disposed to enter on this negotiation. 

8th. To facilitate the progress and happy termination of the nego- 
tiation about limits, as in the preceding article, both parties shall be 
at liberty to appoint commissioners, who shall survey the whole Iron- 
tier, for the purpose of fixing the boundary line. The local authori- 
ties shall not offer them the least obstruction, but shall, on the contra- 
ry, furnish every protection and aid for the proper execution of their 
object, provided they exhibit the passport of their Governments, au- 
thorizing their operations. 

9th. The contracting parties, desirous, in the mean time, of pro- 
viding against the evils that might arise to both, from unauthorized 
colonies of adventurers, on that part of the Mosquito shore, between 
Cape Gracias a Dios and the River Chagres, promise, and oblige 
themselves to employ their naval and land forces against any indivi- 
dual or individuals, who shall attempt to form establishments on the 
above coast, without having previously obtained permission from the 
Government to which it may belong. 

10th. To make the union and alliance contracted by the present 
Convention more intimate and close, it is moreover stipulated and 
agreed, that the citizens and inhabitants of each state shall have free 
entrance to, and departure from, the ports and territories of the other, 
and shall enjoy therein all the civil rights and privileges of traffic and 
commerce : but they sbalj be subject to the same duties, imposts, and 
restrictions, as the citizens and inhabitants of the state themselves. 

11th. In consequence of this, their vessels and cargoes, composed 
of productions or merchandise, domestic or foreign, and registered at 
the custom-houses of either of the contracting parties, shall not pay, in 
the ports of the other, greater duties of importation, exportation, anchor- 
age, or tonnage, than those already established, or which may be esta- 
blished for its own vessels and cargoes; that is to say, vessels and car- 
goes from Colombia shall pay the same duties of importation,exportation. 
anchorage, and tonnage, in the ports of the United Provinces of Cen- 
tral A nerica, as if they belonged to these United Provinces ; and 
those from the United Provinces of Central America shall pay, id 
the ports of Colombia, the same duty as Colombians. 

12th. The contracting par'ties oblige themselves to afford even- 
aid in their power to the merchant and national vessels of each 
other that may go into port to repair any damages they may have re- 
ceived. They shall there beat liberty to refit, increase their arma- 
ments and crews, so as to be able to continue their voyage or cruise. 
The expense of these repairs shall be sustained by the state or indivi- 
duals to whom they may belong. 

13th To suppress the shameful abuses that may be commit- 
ted on the high seas, by armed privateers, upon neutrals and the 
national commerce, the contracting parties agree to extend the juris 



27 [68] 

diction of their maritime courts to the privateers, and their prizes, of 
?ach other indiscriminately, whenever they shall not be able to reach 
the port of their departure, or suspicions may be excited of their having 
committed abuses against the commerce of neutral nation^, with whom 
both states desire to cultivate lasting harmony and good intelligence. 

14t'i. To prevent all disorder in the army and navy of each 
other, the contracting parties moreover agree, that, if any soldiers or 
sailors shall desert from the service of one to the territory of the other, 
even if the latter belong to merchant vessels, they shall be immediate- 
ly restored by the tribunal or authority within whose jurisdiction they 
may be found: provided, the reclamation of the commander, or of the 
captain of the vessel, as the case may be, shall previously be made, 
giving a description of the individual or individuals, with their names, 
and that of the corps or vessel from which they may have deserted. 
Until the demand be made, in form, they shall be confined in the pub- 
lic prisons. 

15th. To cement the bonds of future union between the two 
States, and remove every difficulty that may occur to interrupt their 
good correspondence and harmony, there shall be formed a Congress, 
composed of two Plenipotentiaries from each contracting party, who 
shall be appointed with the same formalities as are required by estab- 
lished usages in the commission of ministers of equal character among 
other nations. 

16th. The contracting parties oblige themselves to interpose 
their good offices with the other ci-devant Spanish States of 
America, to induce them to unite in this compact of perpetual union, 
league, and confederation. 

17th. As soon as this great and important object shall he 
accomplished, a general Congress shall be assembled, composed of 
Plenipotentiaries from the American States, for the purpose of estab- 
lishing, on a more solid basis, the intimate relations which should 
exist between them all, individually and collectively, and that it may 
serve as a council in great events, as a point of union and common 
danger, as a faithful interpreter of public treaties when difficulties may 
arise, and as an arbitrator and conciliator in their disputes and differ- 
ences. 

18th. This compact of union, league, and confederation, shall 
not affect, in any manner, the exercise of the national sovereign- 
ty of the contracting parties, in regard to their laws and the estab- 
lishment and form of their respective Governments, nor in regard to 
their relations with other nations; but they bind themselves, irrevo- 
cably, not to accede to any demands of indemnity or tribute from the 
Spanish Government, or any other in its name, for the loss of its su- 
premacy over these countries. They also bind themselves not to en- 
ter into any treaty with Spain, or any other nation, that shall in the 
least prejudice their independence, but to maintain their mutual inter- 
ests on all occasions, with the dignity and energy of free, indepen- 
dent, friendly, and confederate nations. 



[ 68 ] 28 

19th. As the Isthmus of Panama is an integral part of Co- 
lombia, and the point best suited for this august assembly, this Re- 
public freely engages to afford to the Plenipotentiaries of the American 
States composing it all the attentions whirl, arc required by hospitali- 
ty among sister States, and by the sacred and inviolable character of 
their persons. 

20th. The United Provinces of Central America oblige them- 
selves, in like manner, whenever the events of war, or by the 
voice of a majority of the American States, the Congress shall assem- 
ble within their territory, at the Isthmus of Panama, or any point of 
their territory which, from its central position, between the States of 
North and South America, may be fixed on as best suited for this most 
interesting object. 

21st. The Republic of Colombia and the United Provinces of 
Central America, desirous of avoiding all interpretation contrary 
to their intentions, declare, that any advantages which either power 
may gain from the preceding stipulations, arc, and shall be, consider- 
ed as compensation for the obligations they contract in the present 
compact of perpetual union, league, and confederation. 

22(1. The present perpetual treaty of union, league, and con- 
federation shall be ratified by the President or Vice President of 
the Republic of Colombia, charged with the executive power, with the 
consent and approbation of the Congress, within thirty days: and by 
the Government of the United Provinces of Central America, as early 
as possible, regarding the distance; and the ratifications shall he ex- 
changed in the city of Guatemala, within six months from the date 
hereof, or sooner, if possible. 

In faith of which, we. the Plenipotentiaries of the Republic of Co- 
lombia, and of the United Provinces of Central America, have signed 
and scaled the present, in the city of Bogota, on this fifteenth day of 
March, in the year of our Lord 1 825, fifteenth of Colombian Independ- 
ence, and fifth of that of the United Provinces of Central America. 
[l. s.] PEDRO GUAL, 

[l. s.] PEDRO MOLINA. 

Ratified by the Vice President of Colombia. Francisco Dc P. San- 
tander, on the twelfth dtiy of April, 1825, and fifteenth of Independ- 
ence, with the previous consent and approbation of the Congress. 



COLOMBIA AND MEXICO. 

Treaty of perpetual Union, League, and Confederation, between Colom- 
bia and Mexico, published at the City of Mexico, on the 2<)//i of 
September, 1825. 

The Government of the Republic of Colombia, on the one part, and 
that of Mexico, on the other, sincerely desirous of terminating the 
evils of the present war, into which they have been forced by the King 



29 [68] 

of Spain, and having determined to employ their whole naval and 
land forces in defence of their liberty; and anxious, also, that this 
league should be general among all the States of Spanish America, 
that they may contribute their united strength and resources to main- 
tain the common cause of their independence, have appointed Pleni* 
potentiaries, who have concluded the following treaty of union, league, 
and confederation: 

Article I. The Republics of Colombia and Mexico unite, league, 
and confederate, forever, in peace and war, to maintain, with their 
naval and land forces, as far as circumstances may permit, their in- 
dependence of Spain and all other foreign dominion; and, after the 
recognition of their independence, to assure their mutual prosperity, 
harmony, and good intelligence, both among their people and citi- 
zens, and the States with which they may institute relations. 

Article 2. The Republics of Colombia and Mexico, therefore, 
enter into, and mutually form, a perpetual compact of alliance, and 
firm and constant friendship, for their common defence, obliging 
themselves to aid each other, and mutually repel any attack or inva- 
sion that may, in any manner, menace the security of their independ- 
ence and liberty, affect their interests, or disturb their peace: Pro- 
vided, that, in the last case, requisition be made by one or other of 
two Governments legally established. 

Article 3. To effect the objects of the preceding article, the con- 
tracting parties promise to aid each other with the amount of land 
forces that may be fixed upon by special conventions, as the circum- 
stances may demand, and during the continuance of the occasion. 

Article 4. The military navy of both contracting parties shall 
also be in fulfilment of the preceding convention. 

Article 5. In cases where aid is suddenly required, each party 
shall operate against the enemy with all the disposable forces within 
the territories of the other, if time he not allowed for concert between 
both governments. But the party thus operating shall observe the 
laws and ordinances of the State, as-far as circumstances may per- 
mit, and shall respect and obey its Government. The expenses thus 
incurred, shall be fixed by separate conventions, and paid one year 
after the conclusion of the present war. 

Article 6. The contracting parties oblige themselves to furnish 
whatever assistance they may be able, to the military and mercantile 
vessels arriving at the ports of each other, from distress or other 
cause; and they shall have power to repair, refit, provision, arm, and 
increase their armament and crews, so as to be able to continue their 
voyages or cruises, at the expense of the State or individuals to 
whom they may belong. 

Article. 7. To avoid abuses, by armed privateers, of the com- 
merce of the State, and that of neutrals, the contracting parties agree 
to extend the jurisdiction of the maritime courts of each other, to their 
privateers and prizes, indifferently, when they cannot readily ascertain 
their port of departure, and abuses shall be suspected of the commerce 
of neutral nations. 



r 68 ] 30 

Articlk 8. The contracting parties mutually guaranty to each 
other the integrity of their respective territories, as they existed be- 
fore the present war, recognizing, also, as part of this territory, what 
Was not included in the Viceroy altics of Mexico and New Grenada, 
but is now a component part of it. 

Article 9. The component parts of the territory of both parties 
shall be defined and recognized. 

Articlk 10. If internal quiet should unfortunately be disturbed, 
in the territory of either party, by disorderly men and enemies of 
legal government, the contracting parties engage to make common 
cause against them, until order and the empire of law be re-establish- 
ed. — Their forces shall be furnished as provided by Articles 2 and 3. 

Article 11. All persons taking arms against either Government, 
legally established* and fleeing from justice, if found within the terri- 
tory of either contracting party, shall be delivered up, to be tried by 
the Government against which the offence has been committed. De- 
serters from the army and navy are included in this article. 

Article 12. To strengthen the bonds of future union between the 
two States, and to prevent every interruption of their friendship and 
good intelligence, a Congress shall be formed, to which each party 
shall send two Plenipotentiaries, commissioned in the same form and 
manner as are observed towards Ministers of equal grade to foreign 
nations. 

Articled 3. Both parties oblige themselves to solicit the other 
ci-devant Spanish States of America to enter into this compact of 
perpetual union, league, and confederation. 

Article 14. As soon as this important purpose shall have been at- 
tained, a general Congress of the American States shall assemble, 
composed of their Plenipotentiaries. Its object will be to confirm and 
establish intimate relations between the whole and each one of the 
States: it will serve as a council on great occasions; a point of union 
in common danger; a faithful interpreter of public treaties in cases 
of misunderstanding; and as an arbitrator and conciliator of disputes 
and differences. 

Article 15. The Isthmus of Panama being an integral part of 
Colombia, and the most suitable point for the meeting of the Con- 
gress, this Republic promises to furnish to Plenipotentiaries of the 
Congress; all the facilities demanded by hospitality among a kindred 
people, and by the sacred character of ambassadors. 

Article 16. Mexico agrees to the same obligation, if ever, by the 
accidents of war, or the consent of a majority of the States, the Con- 
gress should meet within her jurisdiction. 

Article 17. This compact of perpetual union, league, and confe- 
deration, shall not, in anywise, affect the exercise of the national 
sovereignty of either contracting party, in regard to its laws and 
form of government, or its foreign relations. But the parties hind 
themselves, positively, not to accede to any demand of indemnity, tri- 
bute, or impost from Spain, for the loss of her former supremacy over 
these countries, or from any other nation in her name. They also 



31 [ 68 ] 

agree not to enter into any treaty with Spain, or any other nation, to 
the prejudice of their independence; but to maintain, at all times, their 
mutual interests, with the dignity and energy proper to free, inde- 
pendent, friendly, and confederate states. 

Article 18 Provides for the time of ratification of this treaty. 

The foregoing treaty has been duly ratified, 

GAUDALUPE VICTORIA. 

By the President, 

Lucas Alaman. 

Note. The foregoing is the copy of the only translation, as far as 
it goes, in possession of the Department of State, of the treaty between 
* Colombia and Mexico. 



Mr. Clay to Mr. Middleton, dated 

Department of State, May Wth, 1825. 

Sir : I am directed by the President to instruct you to endeavor 
to engage the Russian Government to contribute its best exertions 
towards terminating the existing contest between Spain and her Co* 
1 oi lies. 

Among the interests which, at this period, should most command 
the serious attention of the nations of the old and new world, no one is 
believed to have a claim so paramount as that of the present war. It 
has existed, in greater or less extent, seventeen years. Its earlier 
stages were marked by the most shocking excesses, and, throughout, it 
has been attended by an almost incalculable waste of blood and trea- 
sure. During its continuance, whole generations have passed away, 
without living to see its close, whilst others have succeeded them, 
growing up from infancy to majority, without ever tasting the blessings 
of peace. The conclusion of that war, whatever and whenever it may be, 
must have a great effect upon Europe and America. Russia is so situat- 
ed, as that, whilst she will be less directly affected than other parts of 
Christendom, her Weight and her councils must have a controlling 
influence on its useless protraction or its happy termination. If this 
peculiar attitude secures her impartialit}', it draws to it great respon- 
sibility in the decision which she may feel it proper to make. The 
predominance of the power of the Emperor is every where felt. Eu- 
rope, America, and Asia, all own it. It is with a perfect knowledge 
of its vast extent and tho profoundest respect for the wisdom and the 
justice of the august personage who wields it, that his enlightened and 
humane councils are now invoked. 

In considering that war, as in considering all others, we should 
look back upon the past, deliberately survey its presant condition, 
and endeavor, if possible, to catch a view of what is to come. With 
respect to the first branch of the subject, it is. perhaps, of the icast 



[ 68 j 32 

practical importance. No statesman can have contemplated the colo- 
nial relations of Europe and continental America, without foreseeing 
that the time must come when they would cease. That time might 
have been retarded or accelerated, but come it must, in the great march 
of human events. An attempt of the British Parliament to tax, with- 
out their consent, the former British colonies, now these United States, 
produced the war of our Revolution, and led to the establishment of 
that independence and freedom which we now so justly prize. Mode- 
ration and forbearance, on the part of Great Britain, might have 
postponed, but could not have prevented, our ultimate separation. The 
attempt of Bonaparte to subvert the ancient dynasty of Spain, and to 
place on its throne a member of his own family, no doubt, hastened 
the independence of the Spanish colonies. If he had not been urged 
by his ambition to the conquest of the Peninsula, those colonies, for a 
long time to come, might have continued quietly to submit to the pa- 
rental sway. But they must have inevitably thrown it off, sooner or 
later. We may imagine that a vast continent, uninhabited, or thinly 
peopled by a savage and untutored race, may be governed by a re- 
mote country, blessed with the lights and possessed of the power of 
civilization; but it is absurd to suppose that this same continent, in 
extent twenty times greater than that of the parent country, and 
doubling it in a population equally civilized, should not be able, when 
it chooses to make the effort, to cast off the distant authority. When 
the epoch of separation between a parent State and its colony, from 
whatever cause, arrives, the struggle for self-government, on the one 
hand, and for the preservation of power on the other, produces mutual 
exasperation, and leads to a most embittered and ferocious war. It 
is then that it becomes the duty of third Powers to interpose their hu- 
mane offices, and calm the passions, and enlighten the councils, of the 
parties. And the necessity of their efforts is greatest with the parent 
country, whose pride, and whose wealth and power, swelled by the 
colonial contributions, create the most repugnance to an acquiescence 
in a severance which has been ordained by Providence. 

In the war which has so long been raging between Spain and her 
colonies, the United States have taken no part, either to produce or to 
sustain it. They have been inactive and neutral spectators of the 
passing scenes. Their frankness forbids, however, that they should 
say that they have beheld those scenes with feelings of indifference. 
They have, on the contrary, anxiously dftsired that other parts of this 
continent should acquire and enjoy that Imlepc dence. with which. h> 
the valor and the patriotism of the founders of their liberty, they 
have been, under the smiles of Heaven, so greatly blessed. 

But, in the indulgence of this sympathetic feeling, they have not., 
for one moment, been unmindful of the duties of that neutrality which 
they had deliberately announced. And the best proof of the fidelity 
with which they have strictly fulfilled its obligations, is furnished in 
the fact, that, (luring the progress of the war, tltt'y have been unjustly 
accused- by both parties, of violating their declared neutrality. Bui 
it is now of little consequence m retrace ^ho causes, remote or proxi- 



33 [ 68 ] 

male, of the revolt of the Spanish colonies. The great and much more 
important consideration which will no doubt attract the attention 
of ins Imperial Majesty, is the present state of the contest. The 
principles winch produced the war, and those which may be incorpo- 
ratedjn the institutions of the new States, may divide the opinions of 
men. Principles, unhappily, are too often the subject of controversy. 
But notorious facts arc incontestihle. They speak a language which 
silences all speculation, and should determine the judgment and the 
conduct of States, whatever may be the school in which their rulers 
are brought up or practised, and whatever the social forms which they 
would desire to see established. And it is to the voice of such facts 
that Europe and America are now called upon, patiently t< listen. 

And in contemplating the present state of the war, what are the 
circumstances which must forcibly strike every reflecting observer ? 
Throughout both continents, from the western limits of the United 
States to Cape Horn, the Spanish power is subdued. The recent de- 
cisive victory of Ayachuco has annihilated the last remains of the 
Spanish force. Not a foot of territory, in all that vast extent, owns the 
dominion, not a bayonet sustains the cause of Spain. The war, in 
truth, has ended. It has been a war between a contracted corner of 
Europe, and an entire continent; between ten millions of people, 
amidst their own extraordinary convulsions, fighting, at a distance, 
across an ocean of three thousand miles in extent, against twenty 
millions contending, at home, for their lives, their liberty, and their 
property. Henceforward, it will present only the image of a w T ar be- 
tween an exhausted dwarf, struggling for power and empire, against 
a refreshed giant, combating for freedom and existence. Too much 
confidence is reposed in the enlightened judgment of his Imperial 
Majesty, to allow of the belief, that he will permit any abatement of 
his desire to see such a war formally terminated, and the , blessings 
of peace restored, from sympathies which he may feel, however strong, 
for the unhappy condition of Spain. These very sympathies will 
naturally lead his Imperial Majesty to give her the best and most 
friendly advice in her actual posture. And in what does that con- 
sist? His Imperial Majesty must be the exclusive, as he is the most 
competent judge. But it will not be deemed inconsistent with respect 
to inquire, if it be possible to believe that Spain can bring the new 
states again under her dominion ? Where does the remotest prospect 
of her success breakout? In Colombia, Mexico, or Peru? There- 
conquest of the United States by Great Britain would not be a more 
mad and hopeless enterprize than that of the restoration of the Spanish 
power on these continents. Some of the most considerable of the 
new states have established governments which are in full and suc- 
cessful operation, regularly collecting large revenues, levying and. 
maintaining numerous and well appointed armies, and already laying 
the foundations of respectable marines. Whilst they are consolidat- 
ing their institutions at home, they are strengthening themselves 
abroad by treaties of alliance among themselves, and of amity and 
commerce with foreign states. Is the vain hope indulged that intes- 



[68] 3-1 

tine divisions within the new States will arise, which may lead to the 
recall of the Spanish power, as the Stuarts were recalled in England, 
and the Bourhons in France, at the close of their respective revolu- 
tions ? 

We should not deceive ourselves. Amidst all the political changes, 
of which the new States are destined to het he theatre, whatever party 
or power may be uppermost, one spirit will animate them all, and that 
is, an invincible aversion from all political connexion with Spain, 
and an unconquerable desire of independence. It could not be other- 
wise. They have already tasted the fruits of independence. And 
the contrast between what their condition now is, in the possession of 
free commerce, liberal institutions, and all the faculties of their coun- 
try, and its population allowed full physical and moral development, 
and what it was, under Spain; cramped, debased, and degraded, must 
be fatal to the chimerical hope of that monarchy, if it be cherished, by 
any means whatever to re-establish her power. Tho cord which binds 
a colony to its parent country, being once broken, is never repaired. 
A recollection of what was inflicted and what was borne, during the 
existence of that relation, the pride of the former governing power, 
and the sacrifices of the interests of the colony to those of the parent, 
widen, and render the breach between them, whenever it occurs, per- 
petual. And if, as we may justly suppose, the embittered feelings ex- 
cited by an experience of that unequal connexion, are in proportion to 
the severity of the parental rule, they must operate with irresistible 
force on the rupture which has taken place between Spain and her Colo- 
nies, since in no other instance has it been exerted with such unmiti- 
gated rigor. 

Viewing the war as practically terminated, so far at least as re- 
lates to Spanish exertion on the continent, in considering the third 
branch of the inquiry which I proposed, let us endeavor to anticipate 
what may be expected to happen, if Spain obstinately perseveres in 
the refusal to conclude a peace. If the war has only a nominal con- 
tinuance, the new Republics cannot disband their victorious armies 
without culpable neglect of all the maxims of prudence and precau- 
tion. And the first observation that occurs, is, that this protracted 
war must totally change its character and its objects. Instead of 
being a war of offensive operations, in which Spain has been carrying 
on hostilities in the bosom of the new States, it will become one to 
her of a defensive nature, in which all her future exertions must be 
directed to the protection and defence of her remaining insular pos- 
sessions. And thus the Peninsula, instead of deriving the. revenue 
and the aid so necessary to the revival of its prosperity, from Cuba 
and Porto Rico, must be further drained to succor those islands. For 
it cannot be doubted, that the new States will direct their combined 
and unemployed forces to the reduction of those valuable islands. 
They will naturally strike their enemy wherever they can reach him. 
And they will be stimulated to the attack by the double motive aris- 
ing from the richness of the prize, and from the fact that those isl- 
ands constitute the rendezvous of Spain, where are concentrated, and 



35 [68] 

from which issue, all the means of annoying them which remain to 
her. The success of the enterprize is by no means improbable. 
Their proximity to the islands, and their armies being perfectly ac- 
climated, will give to the united efforts of the Republics great advan- 
tages. And, if with these be taken into the estimate the important and 
well known fact, that a large portion of the inhabitants of the islands 
is predisposed to a separation from Spain, and would therefore form 
a powerful auxiliary to the Republican arms, their success becomes 
almost certain. But even if they should prove incompetent to the 
reduction of the islands, there can he but little doubt that the shatter- 
ed remains of Spanish commerce would be swept from the ocean. 
The advantages of the positions of Colombia and Mexico for annoy- 
ing that commerce, in the Gulf of Mexico and the Carribbean Sea, 
must be evident, from the slightest observation. In fact, Cub,a is in 
the mouth of a sack, which is held by Colombia and the united Mexi- 
can States. And if, unhappily for the repose of the world, the war 
should be continued, the coasts of the Peninsula itself may be expect- 
ed soon to swarm with the privateers of the Republics. If, on the 
contrary, Spain should consent to put an end to the war, she might 
yet preserve what remains of her former American possessions. And 
surely the retention of such islands as Cuba and Porto Rico is emi- 
nently worthy of serious consideration, and should satisfy a reasonable 
ambition. The possessions of Spain in the West Indies would be still 
more valuable than those of any other Power. The war ended, her 
commerce would revive, and there is every reason to anticipate, from 
the habits, prejudices, and tastes of the new Republics, that she would 
find, in the consumption of their population, a constantly augmenting 
demand for the produce of ber industry, now excluded from its best 
markets. And her experience, like that of Great Britain with the 
United States, would demonstrate that the value of the commercial 
intercourse would more than indemnify the loss, whilst it is unbuiv 
thened with the expense incident to political connexion. 

A subordinate consideration, which should not be overlooked, is, 
that large estates are owned by Spanish subjects, resident in Spain, 
which may possibly be confiscated, if the war be wantonly continued. 
If that measure of rigor shall not be adopted, their incomes must be 
greatly diminished, during a state of war. These incomes, upon the 
restoration of peace, or the proceeds of the sales of the estates, them- 
selves, might he drawn to Spain, and would greatly contribute to- 
wards raising ber from her present condition of embarrassment and 
Janguishmeni. If peace should be longer deferred, and the war 
should take the probable direction which has been supposed, during 
its further progress, other Powers, not now parties, may be collateral- 
ly drawn into it. From much less considerable causes, the peace of 
the world has been often disturbed. From the vicinity of Cuba to 
the United States, its valuable commerce, and the nature of its popu- 
lation, their Government cannot be indifferent to any political change 
to which that island may be destined. Great Britain and France also 
have deep interests in its fortunes, which must keep them wide awake 



[ 68 ] 86 

to all those changes. In short, what European State lias not much at 
stake, direct or indirect, in the destiny, he it what it may, of that 
most valuable of all the West India islands? The reflections and the 
experience of the Emperor, on the vicissitudes of war, must have im- 
pressed him with the solemn duty of all Governments to guard against 
even the distant approach of that most terrible of all scourges, hy 
every precaution with which human prudence and foresight can sur- 
round the repose and safety of States. 

Such is the view of the war between Spain and the new Republics, 
which the President desires you most earnestly, but respectfully, to 
present to his Imperial Majesty. From this view it is evident, that 
it is not so much for the new States themselves, as for Spain, that 
peace has become absolutely necessary, Their independence of her, 
whatever intestine divisions may, if intestine divisions shall yet un- 
happily await them, is fixed and irrevocable. She may, indeed, by a 
blind and fatal protraction of the war, yet lose more; gain, for her. is 
impossible. In becoming the advocate for p ace. one is the true ad- 
vocate of Spain. If the Emperor shall, by his wisdom, enlighten the 
councils of Spain, and bring home to them a conviction of her real 
interests, there can be no fears of the success of his powerful interpo- 
sition. You are authorized, in that spirit of the most perfect frank- 
ness and friendship which have ever characterized all the relations 
between Russia and the United States, to disclose, without reserve, 
the feelings and the wishes of the United States, in respect tn Cuba 
and Porto Rico. They are satisfied with the present condition of 
those Islands, now open to the commerce and enterprise of their citi- 
zens. They desire, for themselves, no political change in them. If 
Cuba were to declare itself independent the amount and the charac- 
ter of its population render it improbable that it could maintain its 
independence. 

Such a premature declaration might bring about a renewal of 
those shocking scenes of which a neighboring Island was the af- 
flicting theatre. There could be no effectual preventive of those 
scenes, but in the guaranty, and in a large resident force of foreign 
Powers. The terms of such a guaranty, and the quotas which each 
should contribute, of such a force, would create perplexing question! 
of very difficult adjustment, to say nothing of the continual jealousies 
which would be in operation. In the state of possession which Spain 
has, there would be a ready acquiescence of those very foreign Powers. 
all of whom would be put into angry activity upon the smallest pros- 
pect of a transfer of those islands. The United States could not. with 
indifference, see such a transfer to any European Power. And if the 
new Republics, or cither of them, were to conquer them, their mari- 
time force, as it now is, or, for a long time to come, is likely to be, 
would keep up constant apprehensions of their safety. Nor is it be- 
lieved that the new States desire, or will attempt the acquisition, un- 
less they shall be compelled, in their own defence, to make it. by the 
unnecessary prolongation of the war. Acting on the policy which is 
here onfolded, the Government of the United States, although they 



37 [ 68 3 

would have been justified to have seized Cuba and Porto Rico, in the 
just protection of the lives and the commerce of their citizens, which 
iiave been a prey to infamous pirates, finding succor and refuge in 
Spanish territory, have signally displayed their patience and modera- 
tion by a scrupulous respect of the sovereignty of Spain, who was 
herself bound, but has utterly failed, to repress those enormities. 

Finally, the President cherishes the hope that the Emperor's devo- 
tion to peace, no less than his friendship for Spain, will induce him to 
lend the high authority of his name to the conclusion of a war, the 
further prosecution of which must have the certain effect of an useless 
waste of human life. No Power has displayed more solicitude for 
the repose of the world, than Russia, who has recently given the 
strongest evidence of her unwillingness to disturb it in the East, by 
unexampled moderation and forbearance. By extending to America 
the blessings of that peace which, under the auspices of his Imperial 
Majesty, Europe now enjoys, all parts of this continent will have 
grateful occasion for regarding him, as the United States ever have 
done, as their most potent and faithful friend. 

This despatch is confided to your discretion, to be communicated, 
in extenso, or its contents disclosed in such other manner, to the Go- 
vernment of Russia, as shall appear to you most likely to accomplish 
its object. 

I have the honor to be, Sir, with great respect, your obedient and 
very humble servant. 



No. 48. 
Mr. Middleton to Mr. Clay. 

St. Petersburg, 15th, (QTth) July, 1825. 

Sir : I had the honor of receiving vour despatch, No. 1, on the 
28th June. (O. S.) The Emperor was, at that period, absent from 
this residence but expected about the 5th of the present month. Count 
Nesselrode had preceded him by a few days, and had announced, by 
a circular letter, dated 24th June, that he had resumed the direction 
of the Imperial Ministry of Foreign Affairs. 

I conceive it would be best to lose no time in opening the matter 
committed to my care by your instructions in the despatch above 
mentioned. After having carefully weighed what would be the best 
mode of proceeding, I mentioned to the Count the purport of the in- 
structions. He gave me, at first, no great encouragement, adverting 
to the essential difference in our way of thinking on the question be- 
tween Spain and her colonies I begged leave, however, to furnish 
him with a copy of the despatch, (as you had permitted,) in order 
that he might lay it before the Emperor. Accordingly, on the second 
of July, a copy of your instructions, together with a short introducto- 
ry note, was sent in. (See the accompanying paper.) 



[ 68 ] 38 

I conclude from my knowledge of the modes oi' proceeding in all 
matters of general concern, that the proposition is in consideration 
between the allies ; it being a fundamental maxim with them not to 
take any determination in matters affecting the general policy, with- 
out the mutual consent of the parties to this alliance. 

I trust that I need not add, that every endeavor shall be made, on 
my part, to give effect to your proposition. 
I have the honor to he, sir, 

Very faithfully, your obd't. serv't, 

HENRY MIDDLETON. 



No. 49. 
Mr. Middleton to Mr. Claij. 
To the Secretary of State, Sfc. §c. $"c. 

St. Petersburg, 9.7th Aug. (Mh Sept. J 1825, 

Sir: I have the honor to forward herewith a copy of the answer of 
the Russian Secretary of State, to my note of 2d July last, by which I 
had communicated to this Government, in extenso, the instructions I 
had received by your despatch No. 1. 

I think I am warranted in considering this answer to be, in sub- 
stance, (when divested of diplomatic garb,) in every respect as fa- 
vorable to the views developed in your despatch, as could possibly 
be expected to be given by this Government, standing in the predi- 
cament it now does. We are left to infer from it, that the proposal 
that the Emperor shall lend his aid towards the conclusion of the 
war between Spain and her Colonies, by interposing his good offices 
in the form of pacific counsel to the mother country, has been com- 
municated to the Allied Cabinets, and I am fully of opinion, that the 
majority, if not the whole of them, will agree to it. If such should 
be the event, the Diplomatic Committee sitting at Paris will be in- 
structed accordingly. The chief difficulty to be overcome will be in 
the Cabinet of the King of Spain, where it is understood that all 
parties are opposed to the independence of the Colonies. The neces- 
sity of the case, however, begins to be so crying, that a hope may 
be entertained that even there the counsels of wisdom may ere long 
be listened to. For obvious reasons we must not expect to learn, offi- 
cially, that such advice, as that alluded to above, has been given, un- 
less it should be attended to. 

I have the honor to be, Sir, very faithfully, your very obedient ser- 
vant. 

HENRY MIDDLETON. 



39 [ 68 ] 

Count Nesselrode to Mr. Middleton. 
[translation or a paper with mr. middxeton's no. 49.] 

The undersigned, Secretary of State, directing the Imperial Ad- 
ministration of Foreign Affairs, hastened to suhmit to the Emperor 
the note with which Mr. Middleton, Envoy Extraordinary and Minis- 
ter Plenipotentiary of the United States of America, did the honor 
to address him, on the 2d July last, accompanying a copy of the 
despatch from Mr. Clay, in which that Minister, in the name of the 
Cabinet at Washington, urges the necessity of confirming the general 
peace, by terminating the contest of the Spanish Colonies against the 
government of his Catholic Majesty; of securing to Spain the peace- 
ful possession of the islands of Cuba and Porto Rico; and of effecting 
these objects by the impartial intervention of Russia. 

The principles of the Emperor were sufficiently known to the go- 
vernment of the United States, to justify the perfect confidence that in 
expressing a wish for the continuance and confirmation of the peace 
enjoyed by the world, it did but represent the most sincere desire 
of his Imperial Majesty, that, in professing a generous solicitude for 
the rights of Spain, over her Islands in the West Indies, it avowed 
principles that had long since been adopted by Russia, as the bases 
of her political system; and that, in anticipating perfect impartiality 
and true disinterestedness from her intervention, it was not deceived 
as to the sentiments of the Emperor, in relation to all arrangements 
in which foreign Powers might be pleased to claim or admit his 
good offices. 

His Imperial Majesty felicitates himself with having inspired this 
confidence in the United States of America, and the undersigned is 
charged to invite Mr. Middleton to conveyto his Government the as- 
surance of the high value at which the Emperor estimates those sen- 
timents, of which new evidence is furnished by its present proposi- 
tions. 

The opinions of his Imperial Majesty as to the question discussed 
by Mr. Clay in his despatch, cannot he concealed from the Cabinet of 
Washington. His Imperial Majesty has ever thought that justice, 
the law of nations, and the general interest in having the indisputable 
titles of sovereignty respected, could not allow the determinations of 
the mother country in this important case, to be prejudged or anti- 
cipated. On the other side, whenever Spain has wished to discuss the 
future condition of South America, she has addressed overtures to all 
the Allied Powers of Europe. It will not be possible, therefore, for 
his Imperial Majesty to change principles in this negotiation, nor to 
institute it separately (isolement); and until positive information has 
been received of the ulterior views of Spain, in regard to her American 
possessions, of her decision upon the proposition of the United States, 
and of the opinions of her Allies in relation to the same subject Rus- 
sia cannot give a definitive answer. 



[ 68 ] 40 

She is. however, in the mean while, pleased to hope, that llie United 
States, becoming every day more convinced of the evils and dangers 
that would result to Cuba and Porto Rico from a change of govern- 
ment, being satisfied, as Mr. Clay has said, in his despatch, with the 
present commercial legislation of these two Islands, and deriving an 
additional motive of security from the honorable resolution of Spain 
not to grant to them any longer letters of marque, will use their in- 
fluence, in defeating, as far as may he in their power, every enterprise 
against these Islands, in securing to the rights of his Catholic Ma- 
jesty constant and proper respect, in maintaining the only state of 
things that can preserve a just balance of power in the sea of the 
Antilles, prevent shocking examples, and, as the Cabinet of Wash- 
ington has remarked, secure to the general peace, salutary guaran- 
tees. The undersigned seizes with pleasure this occasion to repeat 
to Mr. Middleton, the assurances of his very distinguished considera- 
tion. 

NESSELRODE. 

St. Petersburg, August 20, 1825. 



No. 2. 
Mr. Clay to Mr. Jliddleton. 

Department of State, 

Washington. 26th December, 1825. 

Sir : Your despatches, No. 48 and 49, have been duly received and 
submitted to the President He sees with much satisfaction, that the 
appeal which has bren made through you to the ftmpcror of Russia, 
to employ his friendly offices in the endeavor to bring about a peace 
between Spain and the new American Republics, has not been without 
favorable effect. Considering the intimate and friendly relations u hich 
exist between the Emperor and his allies, it was perhaps not to be ex- 
pected, that, previous to consultations with them, language more ex- 
plicit should be held than 'hat which is contained in Count Nessel- 
rode's note. Although very guarded it authorizes the belief that the 
preponderating influence of Russia has been thrown into the scale of 
peace. Notwithstanding predictions of a contra 1*3 result, confidently 
made by Mr. Secretary Canning, this decision of the Emperor cor- 
responds with the anticipations which have been constantly entertain- 
ed here, ever since the President resolved to invoke his intervention. 
It affords strong evidence both of his humanity and his enlightened 
judgment. All events out of Spain seem now to unite in their tendency 
towawVpeace; and the fall o! (he Castle of St Juan d'Ulloa, which 
capitulated on the 18th day of* :ast month, cannot fail to ha«e a pow- 
erful effect within that kingdom. We are informed that, when infor- 
mation of it reached the Havana, it produced great and general sen- 



41 [ 68 ] 

sation : and that the local Government immediately despatched a fast 
sailing vessel to Cadiz to communicate the event, and, in its name, to 
implore the King immediately to terminate the war, and acknowledge 
the new Republics, as the only means left of preserving Cuba to the 
Monarchy. 

In considering what further measures could be adopted by this Go- 
vernment, to second the pacific exertions which, it is not doubted, 
the Emperor is now employing, it has appeared to the President, that 
a suspension of any military expedition, which both, or either of the 
Republics of Colombia and Mexico, may be preparing against Cuba 
and Porto Rico, might have a good auxiliary influence. Such a sus- 
pension, indeed, seemed to be due to the friendly purposes of the Em- 
peror. I have, accordingly, addressed official notes to the Ministers 
of those Republics, accredited here, recommending it to their Go- 
vernments, an extract from one of which, (the other being substan- 
tially the same) is herewith transmitted. You will observe it inti- 
mated in those notes, that other Governments may feel themselves 
urged, by a sense of their interests and duties, to interpose in the 
event of an invasion of the Islands, or of contingencies which may 
accompany or follow it. On this subject, it is proper that we should 
be perfectly understood by Russia. For ourselves, we desire no 
change in the possession of Cuba, as has been heretofore stated. We 
cannot allow a transfer of the Island to any European Power. But 
if Spain should refuse to conclude a peace, and obstinately resolve on 
continuing the war, although we do not desire that either Colombia 
or Mexico should acquire the Island of Cuba, the President cannot 
see any justifiable ground on which we can forcibly interfere. Upon 
the hypothesis of an unnecessary protraction of the war, imputable 
to Spain, it is evident that Cuba will be her only point d'appui, in 
this hemisphere. How can we interpose, on that supposition, against 
the party clearly having right on his side, in order to restrain or de- 
feat a lawful operation of war? If the war against the Islands should 
be conducted by those Republics in a desolating manner; if, contrary 
to all expectation, they should put arms into the hands of one race of 
the inhabitants to destroy the lives of another; if, in short, they 
should countenance and encourage excesses and examples, the conta- 
gion of which, from our neighborhood, would be dangerous to our 
quiet and safety; the Government of the United States might feel it- 
self called upon to interpose its power. But it is not apprehended 
that any of those contingencies will arise, and, consequently, it is 
most probable that the United States, should the war continue, will 
remain hereafter, as they have been heretofore, neutral observers of 
the progress of its events. 

You will be pleased to communicate the contents of this despatch to 
the Russian Government. And as, from the very nature of the object 
which has induced the President to recommend to the Governments of 
Colombia and Mexico a suspension of their expeditions against the 
Spanish Islands, no definite time could be suggested for the duration 
of that suspension, if it should be acceded to, it must be allowed, on 
6 



[68 ] 42 

all hands, tliat it ought not to be unnecessarily protracted. There- 
fore, you will represent to the Government of Russia, the expediency 
of obtaining a decision from Spain, as early as possible, in respect to 
its disposition to conclude a peace. 

I am your obedient servant. 

H. CLAY. 
Henry Middleton", Envoi) Extraordinary 

and Minister .Plenipotentiary U. 8. St. Petersburg. 



Mr. Clay to Mr. Salazar. 

Department of State, 

Washington, 20th Dec. 1825. 

Sir: During the last Spring I had the honor to state to you, that 
the Government of the United States had addressed that of Russia, 
with the view of engaging the employment of its friendly offices to 
bring about a peace, if possible, between Spain and the new American 
Republics, founded upon the basis of their independence; and the des- 
patch from this Department, to the American Minister at St. Pe- 
tersburg, having that object, was read to you. I have now the satis- 
faction to state, that it appears, by late advices justTeceived from St. 
Petersburg, that this appeal to the Emperor of Russia has not been 
without good effect; and that there is reason to believe that he is now 
exerting his friendly endeavors to put an end to the war. The first 
would be naturally directed to his allies, between whom and his Im- 
perial Majesty it was desirable that there should be, on that inter- 
esting subject, concurrence of opinion and concert in action. Our 
information from Europe authorizes the belief that all the great Pow- 
ers are now favorably inclined towards peace; and that, separately 
or conjointly, they will give pacific counsels to Spain. When all the 
difficulties exterior to Spain, in the way of peace, are overcome, the 
hope is confidently indulged, that those within the peninsula cannot 
long withstand the general wish. But some time is necessary for 
the operation of these exertions to terminate the war, and to ascertain 
their effect upon the Spanish Government. 

Under these circumstances, the President believes that a suspension, 
for a limited time, of the sailing of the expedition against Cuba or 
Porto Rico, which is understood to be fitting out at Caithagena, or of 
any other expedition which may be contemplated against either of 
those Inlands, by Colombia or Mexico, would have a salutary influ- 
ence on the great work of peace. Such a suspension would afford 
time to ascertain if Spain, resisting the powerful motives which unite 
themselves on the side of peace, obstinately resolves upon a protrac- 
tion of the war. The suspension is due to the enlightened intentions 
of the Emperor of Russia, upon whom it could not fail to have the hap- 



43 I 68 '] 

piest effect. It would also postpone, if not forever render unnecessa- 
ry, all consideration which other Powers may, by an irresistible sense 
of their essential interests, be called upon to entertain of their duties 
in the event of the contemplated invasion of those Islands, and of 
other contingencies which may accompany or follow it. I am direct- 
ed, therefore, by the President to request that you will forthwith 
communicate the views here disclosed to the Government of the Re- 
public of Colombia, which, he hopes, will see the expediency, in the 
actual posture of affairs, of forbearing to attack those Islands, until a 
sufficient time has elapsed, to ascertain the result of the pacific efforts 
which the great Powers are believed to be now making on Spain. 

I seize, with pleasure, the occasion to renew to you assurances of 
my distinguished consideration. 

H. CLAY 

Don Jose Maria Salazak, Envoy Extraordinary 

and Miriister Plenipotentiary from Colombia. 



Extract of a letter from Mr. Joel R. Poinsett to Mr. Clay, dated 
Mexico, September 13, 1825. 

" I had this morning a second conference with the Plenipotentiaries 
of this Government, and as some difficulties have been presented that 
may retard the progress of the negotiation, I am anxious that you 
should be made acquainted with them as early as possible, and lose 
no time, therefore, in laying them before you. 

The project of the treaty was drawn up by me, and, of course, 
contains the principle of perfect reciprocity in the commerce and na- 
vigation of the two countries, according to the spirit of the act of 
7th January, 1824. This was objected to, as might have been ex- 
pected, and an effort made to introduce the fourth article of their 
treaty with Great Britain, which contains an exception, in my opiri 
ion, highly objectionable. It is at the close of that article, in these 
words, "excepting only the American nations which were formerly 
" Spanish possessions, to which, on account of the fraternal relations 
f that unite them to the United Mexican States, the latter may grant 
" special privileges which shall not be extended to the dominions and 
"subjects of His Britannic Majesty." It was agreed to reserve the 
point of perfect reciprocity in the commercial relations between the 
two countries, but 1 most strenuously opposed the exception above 
cited, and, as at present advised, will never sign a treaty on such 
terms. 



[ 68 ] 44 

The mail leaves the city in a few hours, so that I have not time to 
give you the arguments which were urged for and against it- My 
principal objections, are the impolicy of admitting any distinctions 
in the interests of the American States which would tend to unite these 
more closely, and place us in some contingencies without the pale. 
Treaties, in all probability, by this time, have been concluded between 
the United States and Buenos Ayre9 and Chili, on such terms as 
would render a provision of this nature nugatory in time of peace; 
but, in the event of a war between the United States and eitltcr of 
those Powers, an event which, however remote, ought to be provided 
against, such an exception would enable this country to assist very 
materially our enemies, without violating the treaty. With these im- 
pressions, and with this view of the subject, I will not agree to this 
provision; and as 1 know the Plenipotentiaries and the President of 
the Mexican States to be obstinately bent on carrying this point. 1 
earnestly solicit that you will instruct me if you think I ought to 
yield it." 



Extract of a Letter, JVo. 22, from Mr. Poinsett to Mr. Clay, dated, 
Mexico, zith September, 1825. 

"Anxious to conclude the pending negotiations, in time for the 
President to communicate the result in his message to the next Con- 
gress. I urged the President of these States, either to permit Alaman 
to continue them, or to appoint another Plenipotentiary. He pre- 
ferred the latter alternative, and has given powers to Don Jose Go- 
mez Pedraza, the Secretary of War, who now holds the port folio of 
the Minister of Foreign Relations, ad interim. The Secretary of the 
Treasury, being about to leave town for the coast, on business con- 
nected with the capture of the castle of Ulloa. a desire was expressed 
to complete the negotiations before his departure. In consequence we 
have had two conferences, yesterday and to day, but the exception 
contained in the fourth article of the Treaty, between Great Britain 
and Mexico to which I alluded in my communication No. 18. and to 
which the Mexican Plenipotentiaries pertinaciously adhere, has pre- 
vented our coming to any conclusion. 

" They continue to urge the fraternal ties by which they are bound 
to the American nations, which formerly were Spanish possessions, 
and the treaties of alliance, offensive and defensive, which have been 
made between them. But what really prevents them from yielding 
the point, is their having succeeded in persuading the British nego- 
tiators to consent to insert this exception in their treaty. I will, 
however, give you a succinct account of what passed, at our several 
conferences on this subject. 

<•! first objected to the exception in favor of the American na- 
tions, formerly Spanish possessions, on the ground, that no distinc 



45 [ 68 ] 

tions ought to be made, between any of the members of the great 
American family; that Great Britain having consented to such a pro- 
vision ought not to influence the United States, because the Repub- 
lics of America were united, by one and the same interest, and that 
it was the interest of the European Powers to cause such distinctions 
to be made as would divide it into small confederacies, and if possi- 
ble, to prevent us from so uniting, as to present one front against the 
attempts of Europe upon our Republican Institutions. That it might 
therefore have been considered by the British Plenipotentiaries, im- 
portant to lay the foundation of distinctions which must disunite us; 
but that it was much more manifestly our interest, that all the states 
of America should be united as intimately as possible, an union which 
could only exist on the basis of the most perfect equality and re- 
ciprocity. 

"The Plenipotentiaries of Mexico observed, in reply, that Mexico 
was united by fraternal ties and strong sympathies, to the nations 
which had, like themselves, shaken off the yoke of Spain; and that tl«ey 
had concluded with them an offensive and defensive alliance, which 
united them more intimately, and placed them on a different footing, 
from that on which they stood towards the United States. To which 
I rejoined, that the policy we had observed towards these countries, 
gave us a right to expect, that no such distinctions as those sought 
to be introduced into the treaty, should be made in our case, and en- 
titled us to be considered on, at least, an equal footing with any of 
the American Republics. And further, that this exception could, 
now, avail them nothing, as our treaty with Colombia, and those 
probably by this time concluded with Buenos Ayres and Chili, con- 
tained no such provision. The Plenipotentiaries of Mexico hastily 
remarked, that a war might dissolve any one of those treaties, and 
in such an event, they thought Mexico ought to possess the power 
to evince her sympathies in favor of either of the American nations, 
which had been formerly Spanish possessions, without violating her 
neutrality. To this observation I replied, that I considered this ar- 
gument conclusive, why the United States should not accede to the 
insertion of such a provision in the treaty — that I regarded a war 
between the United States and any of the other Republics of America 
as a very remote and improbable event; but that I never would consent, 
by treaty, to place the former in a less favorable situation than 
their enemies, if, unfortunately, those Republics should ever become 
so. This was the substance of our discussion, at the first conference 
on this subject. It has been alluded to since in conversation, in a 
manner that induced me to believe they were bent on carrying their 
point, and they must have perceived that I was equally decided not 
to yield it. 

"Yesterday, after adjusting all other disputed points, inserting an 
article, similar to tiie 15th article of our Treaty with Spain, signed 
at San Lorenzo el Real, in 1795; and one on the arrffst, detentijou, 
and delivery of fugitive slaves, this subji'el was again renewed. The 
President? they said, was so decided on the subject, that they feared 



[ 68 ] 4G 

there could be no Treaty without it. I replied, that I was perfectly 
aware what would be the view my government would take of this 
subject, and I could not agree to a provision which would cause the 
Treaty to be rejected at Washington: that such distinctions were en- 
tirely contrary to the course of policy we were desirous America 
should pursue, and that, by persisting in them, Mexico placed her- 
self in opposition to the interests of all the other American Republics, 
and that uselessly, because whatever advantage she had promised her- 
self from such an exception in favor of the former Spanish Colonies, it 
was now manifest that she could derive none, as the other American 
States had made their Treaties on a different basis. I remarked, too, 
that it appeared to me very singular, that they should persist in their 
desire to insert a provision in this Treaty which had already occa- 
sioned the non-ratification of the first Mexico had entered into; cer- 
tainly exposed the second to be rejected by England, for the Pleni- 
potentiaries of that Tower had consented to it, only because the Trea- 
ty with Colombia had been made and ratified here; and which would 
insure the rejection of this Treaty at Washington, if I were to consent 
to it 

" The Plenipotentiaries replied, that all the Spanish American Re- 
publics had not made their Treaties, and instanced Peru and Guate- 
mala. They readily admitted that Peru would, in all probability, 
follow the example of Colombia; and I then observed, that after what 
had so lately passed between Mexico and Guatemala, by which it was 
evident that the latter had more to fear than to hope from the former, she 
would scarcely adopt a line of policy, which would place her in closer 
union with Mexico, and separate her from the other states of Ame- 
rica. As it was late before this subject was touched upon, little more 
passed yesterday. 

"This morning, early, I received a visit from Don Ramos Arispe, 
a priest and an intimate of mine, who brought me a proposal from the 
Plenipotentiaries, to annex a condition, that the exception should ex- 
tend only to those Spanish American nations who would treat with 
Mexico on the same terms, i told him. that I must persist in my ob- 
jection, and would not admit the principle at all: that I believed the 
exception Mexico insisted upon making, would avail her nothing, for 
no other American nation would agree to it; but that any distinctions 
at all, among the nations of America, were, in my opinion, destruc- 
tive of the best interests of this hemisphere. As I knew that he is 
appointed one of the Plenipotentiaries of this Government to the Con- 
gress of Panama, I hinted to him that the course of policy Mexico 
appeared determined to pursue, would leave her at that Congress en- 
tirely alone: for it was to be expected that those American Itepublics, 
who stood towards each other on the same footing, and w hose inte- 
rests were identical, would be united more closely among themselves 
than with a third, which had thought proper to pursue a separate line 
of policy, and to unite herself more closely with a European Power 
than with them, notwithstanding they had obviously all the same in- 
terests. After some further discussion, in which I went over the 



47 C 68 ] 

whole course of policy pursued by the United States towards these 
countries — and recapitulated the reasons which induced me to be- 
lieve that the great interests of America required us all to be inti- 
mately united, he either was or pretended to be convinced, and pro- 
mised to use his influence to induce the President and the Plenipo- 
tentiaries to yield this point. 

«« We met at noon, and the Plenipotentiaries of this Government 
commenced the conference, by saying, that as I had not agreed to 
the modification proposed to me through Arispe, they had now one 
to submit to me. which, they presumed I could not refuse, as I had 
the day before expressed an opinion that their treaty with Great 
Britain would be rejected in London, on the ground of this exception. 
They then proposed to insert the following words — "with respect to 
the exception contained in the article, which speaks of the Re- 
publics which formerly were Spanish possessions, it shall be under- 
stood in the same terms which finally shall be agreed upon, in re!a> 
tion to this subject, between Mexico and England." 

'« To this proposal I instantly replied, that I would prefer agreeing 
to the article as it stood rather than consent to be governed by the 
decision of Great Britain; that our- interests were separate and dis- 
tinct: that nation formed one of the European Powers, and the 
United States were the head of the American Powers; and that in 
treaties which were intended to strengthen the interests of the latter, 
no allusion ought to be made to those made with the former: Great 
Britain had concluded a treaty with these states in order to secure a 
profitable commerce with the Americans, but her interests were 
European, whereas ours were strictly American. With respect to 
the opinion I had advanced, that their treaty with England would 
not be ratified in London, 1 had been induced to suppose so from the 
fact, that one of the Plenipotentiaries of that Government had assur- 
ed me the exception in question never would have been agreed to by 
them if they had not been shown the treaty with Colombia, which 
contained this principle of exclusive alliance among the Spanish 
American States. It had been ratified here, and they supposed it 
would be ratified in Colombia, and therefore consented to what they 
considered irremediable, satisfied that we were excluded as well as 
themselves. If, therefore, this state of things constituted their only 
motive for agreeing to it, and they had so declared to their Go- 
vernment, I had a right to suppose, as the principle was not sanc- 
tioned by Colombia, that the treaty, with that condition, would not 
be ratified in London: and I knew that the Charge d' Affaires of H. 
B. M. had sent in a note to explain the only reasons why the British 
Plenipotentiaries had agreed to that provision in the treaty, and to 
declare that, as the treaty between Mexico and Colombia had not 
been ratified by the latter, those reasons no longer existed, and the 
exception ought to be expunged. If the Cabinet of London took the 
same view of it, the alteration would be insisted upon; but, on the 
contrary, if it should appear to them more important in a political 
than in a commercial view, they might not object as an European 



[ 68 ] 48 

Power to the establishment of such distinctions as those proposed, 
because these must necessarily separate the interests of the American 
Republics, and that nothing but the policy Great Britain might be 
disposed to adopt towards America, as one of the European Powers, 
could induce them to make so unnecessary a sacrifice of their com- 
mercial interests. 

" The Plenipotentiaries of this Government then asked what would 
be their situation if their treaty with Great Britain should arrive 
ratified, after they had signed one with us without inserting this ex- 
ception. Aware that this was the real difficulty, as well as the. 
source of this obstinacy on their part, I replied that, in my opinion, 
as the Plenipotentiaries of Great Britain had been induced to consent 
to this exception from the mistaken belief that the treaty with Co- 
lombia, in which the principle was established, would be ratified by 
both parties, and that, therefore, they must admit it, however objec- 
tionable, or make no treaty at all with Mexico; and as these motives 
had fallen to the ground with the rejection of the treaty by Colombia, 
it would be not only decorous but honorable in the Mexican Govern- 
ment to agree, at once, to expunge that exceptionable provision oX 
their treaty with Great Britain. One of the Plenipotentiaries who 
had assisted at the conferences with those of Great Britain, protested 
that the motive alleged by the British Plenipotentiaries had not been 
the only one. I could only repeat, that one of the British Plenipo- 
tentiaries had assured me it was entered on the protocol of the con- 
ferences, that the previous treaty of Mexico with Colombia was the 
only motive which induced them to accede to this exception in favor 
of the Spanish American States. 

"They continued to insist that they were bound by fraternal ties to 
the Spanish American States, and that it was natural they should 
unite themselves more intimately with States in their infancy, whose 
interests were identified with theirs from the peculiar circumstances 
in which they mutually stood towards Spain, than with a nation 
already in adolescence, and which had to pursue a different policy 
towards Spain on account of the relations they had with the other 
Powers of Europe. To these observations 1 replied, that against 
the power of Spain they had given sufficient proof that they required 
no assistance, and the United States had pledged themselves not to 
permit any other Power to interfere either with their independence or 
form of government; and that, as in the event of such an attempt 
being made by the Powers of Europe, we would be compelled to take 
the most active and efficient part and to bear the brunt of the contest, 
it was not just that we should be placed on a less favorable footing 
than the other Republics of America, whose existence we were read} 
to support at such hazards. They interrupted me by stating that 
we had no right to insist upon being placed on the same footing with 
the Spanish American States, unless we were willing to take part with 
them in their contest with Spain. I told them that such an act would 
be in the highest degree impolitic towards all parties: it was true, 
that the power of the United States wa9 sufficient not only at once to 



49 [ 68 ] 

put an end to this contest, but, if the nations of Europe did not inter- 
fere, to crush and annihilate that of Spain. This measure, however, 
which they now proposed, would infallibly produce what it was so 
much our interest to avoid, the alliance of the great Powers of Eu- 
rope against the liberties of America. I then recapitulated the 
course of policy pursued towards the Spanish Colonies by our Go- 
vernment, which had so largely contributed to secure their indepen- 
dence and to enable them to take their station among the nations of 
the earth; and declared what further we were ready to do in order 
to defend their rights and liberties, but that this could only be ex- 
pected from us, and could only be accomplished, by a strict union of 
all the American Republics, on terms of perfect equality and recipro- 
city; and repeated, that it was the obvious policy of Europe to divide 
us into small confederacies, with separate and distinct interests, and as 
manifestly ours to form a single great confederacy, which might op- 
pose one united front to the attacks of our enemies. 

"As this conference had already lasted some hours, for Spanish elo- 
quence is diffuse, and as I understood their motives for insisting on this 
provision in the treaty, I broke it up, with a positive declaration, that, 
putting out of view my duty as representative of the United States, 
I regarded the proposed exception, in favor of the nations which 
were formerly Spanish possessions, so contrary to the best interests 
of the Americas, that I never would agree to its insertion in a treaty 
between the United States and any of the American Republics." 



Mr. Clay to Mr. Poinsett. . 

Department or State, 

Washington, 9lh Nov. 1S25. 

Sir : Since the date of my letter of the 26th of September last, 
your despatches to No. 2J, have been received. That of the 13th. 
September, 1825, was received yesterday. They have all been laid 
before the President, and I shall now make the remarks which ap- 
pear to be called for by the last, being the only one which seems to 
require particular notice. In that you state that, in the course of 
your conferences with the Plenipotentiaries of the United Mexican 
States, on the subject of the proposed commercial convention, a point 
of difficulty has arisen, which has been agreed to be reserved. The 
point is an exception in favor of the American nations which were 
formerly Spanish possessions, to which, on account of the fraternal 
relations that unite them to the United Mexican States, the latter 
may grant special privileges which shall not be extended to the do- 
minions and citizens of the United States. The President approves 
of your refusal to accede to that exception. 



[ 68 ] 50 

The United Slates have neither desired, nor sought, to obtain, ioi 
themselves, in their commercial relations with the new States, any 
privileges which were not common to other nations. They have 
proposed, and only wished, to establish, as the hasis of all their 
Commercial treaties, those of equality and reciprocity. They can 
consent to no other. Ready, themselves, to extend to the United 
Mexican Stales any favors whirl) they have granted to other nations, 
the United States feel themselves authorized to demand, in this re- 
spect, a perfect reciprocity. They could not agree to treat on the 
principle of a concession to any European Power, of commercial pri- 
vileges which were denied to them. They would feel even more 
repugnance to the adoption of such a principle, in respect to any 
American nations, because, by placing the United States, in some 
degree, out of the pale of that American system, of which they form 
no unessential part, it would naturally wound the sensibility of the 
people of the United States. As you had not time, at the date of 
your despatch, to communicate the reasons which were urged in sup- 
port of this extraordinary exception, they can only be collected from 
the tenor of the clause inserted in the British treaty, which you have 
cited. That clause asserts, as the motives for the exception — 1st, 
That the new States, in whose favor it is to be applied, were for- 
merly Spanish possessions ; and 2d, That certain fraternal relations 
unite them to the Mexican States. The validity of neither of these 
reasons cats be perceived. What is there in the nature of the fact 
that those nations were once bound, by a common allegiance, to 
Spain, to justify the exception ? Can any rule be fairly deduced from 
a colonial condition, which should govern independent nations, no 
longer bound by any common tie ? Is there not something deroga- 
tory from the character of free states, and free men, in seeking to 
find a rule for their commercial intercourse in their emancipated 
condition, from a retrospect of their colonial state, which was one 
of dependence and vassalage ? What is to be the limit of this prin- 
ple? If the accident of a colonial connexion, under a common 
sovereign, is to justify a peculiar rule for the emancipated colonics, 
may not that common sovereign also insist, on the ground of ancient 
relations, upon special privileges? And then it would be incumbent 
upon the United States to consider if they had not been premature in 
their recognition of the independence of the United Mexican States. 
'But if the fact of the Spanish dominion having once stretched over 
the new states, is to create an exception of commercial privileges in 
their behalf, the United States, upon a similar ground, have a right 
to demand the benefit of it. For the same Spanish dominion, once, 
and at no very distant day, extended over the larger part of their 
territories, and all that part which is conterminous with those of 
the United Mexican States. 

With rcsjtect to the second reason dcduciblc from the clause in the 
British treaty, there is no statement of the nature of those fraternal 
relations which arc supposed to warrant the exception. Certainly 
as between the United Mexican States, and the other new nations carv- 



5i E 68 3 

ed out of the former Spanish colonies, none are known to the world 
which can sanction the exception. The United Mexican States have, 
it is true, been waging wat with Spain, contemporaneously with the 
other states ; but hitherto there has been no co-operation of arms 
between them. The United Mexican States have, alone, sustained 
their contest. If the idea of those fraternal relations is to be sought 
for in the sympathy between the American belligerents, this sympa- 
thy has been equally felt, and constantly expressed throughout the 
whole struggle, by the United States. They have not, indeed, taken 
up arms in support of the independence of the new States; but the 
neutrality which they have maintained, has enabled them, more effi- 
caciously, to serve the cause of independence, than they could have- 
done by taking part in the war. Had they become a belligerent, 
they would, probably, have drawn into the war, on the other side, 
parties whose force would have neutralized, if it had not overba- 
lanced their exertions. By maintaining neutral ground, they have 
entitled themselves to speak out. with effect, and they have constant- 
ly so spoken, to the Powers of Europe. They disconcerted the de- 
signs of the European alliance, upon the new States, by the uncalcu r 
lating declarations which they made, in the face -of the world. They 
were the first to hasten to acknowledge the independence of the 
United Mexican States, and, by their example, drew after them Great 
Britain, 

It has, no doubt, not escaped your observation, that, in the case of 
the treaty which has been concluded between the United States and 
the republic of Colombia (and of which, a printed, authentic copy., as 
it has been ratified by the two governments, is herewith transmitted) 
no such exception was set up by that republic. On the contrary, it 
is expressly stipulated in the second article, that the parties " engage 
mutually, not to grant any particular favor to other nations, in 
respect of commerce and navigation, which shall not, immediately, 
become common to the other party, who shall enjoy the same freely, 
if the concession was freely made, or on allowing the same compensa- 
tion, if the concession was conditional." 

There is a striking inconsistency in the line of policy which the 
United Mexican States would seem disposed to pursue towards the 
United States. They would regard these states as an American na- 
tion or not, accordingly as it shall suit their own purposes. In 
respect to commerce, they would look upon us as an European 
nation, to be excluded from the enjoyment of privileges conceded to 
other American nations. But when an attack is imagined to be 
menaced by Europe, upon the independence of the United Mexican 
States, then an appeal is made to those fraternal sympathies which 
are justly supposed to belong to our condition as a member of the 
American family. No longer than about three months ago, when 
an invasion by France, of the Island of Cuba, was believed a Mex- 
ico, the United Mexican government promptly called upon the C*ax r 
ernment of the United States, through you, to fulfil the memorable 
pledge of the President of the United States in bra message to Con- 



[ 68 3 52 

gress. of December, 1823. What they would have done, hail the 
contingency happened, may he inferred from a despatch to the Ame- 
rican minister at Paris, a copy of which is herewith sent, which you 
are authorized to read to the Plenipotentiaries of the United Mexican 
States. Again : the United Mrxlca?) government has invited that 
of the United States to be represented at the Congress of Panama, 
and the President has determined to accept the invitation. Such 
an invitation has been given to no European Power, and it ought 
not to have been given to this, if it is not to be considered as one 
of tin* American nations. 

The President indulges the confident expectation tliat, upon recon- 
sideration, the Mexican government will Withdraw the exception. 
But if it should continue to insist upon it, you will, upon that ground, 
abstain from concluding any treaty, and put an end to the negotia- 
tion. It is deemed better to have no treaty, and abide by the respec- 
tive commercial laws of the two countries, than to subscribe to a 
principle wholly inadmissible, and which, being assented to in the 
case of Mexico, might form a precedent to be extended to others of 
the new States. 

I am, vour obedient servant, 

II. I LAY. 
Joel R. Poinsett, Envoy Extraordinary and Minister 
Plenipotentiary V. S. Meocico. 



Mr. Clay to Mr. Brown. 

Department of State, 

Washington, October £5, 1825. 

Sin: During the last summer, a large French fleet visited the 
American seas, and the coast of the United States. Its object natu- 
rally gave rise to much speculation. Neither here, nor through you, 
at Paris, was the Government of the United States made acquainted 
with the views. of that of France, in sending out so considerable an 
armament. The President concedes it due to the friendly relations 
which happily subsist between the two nations, and to the frankness by 
which he wishes all their intercourse to be characterized, that the pur- 
pose of any similar movement, hereafter, made in a season of peace, 
should be communicated to this Government. You will, therefore, in- 
form the French Government of his expectation that such a communi- 
cation will, in future, be, accordingly, made. The reasonableness of it, 
in a timeof peace, of which France shall enjoy the blessings, must be 
quite apparent. The United States having, at the present period, 
constantly to maintain, in the Gulf of Mexico, and on the coasts of 
Cuba and Porto Rico, a naval force on a service beneficial to all 
cc.-.imercial nations, it would appear to be quite reasonable, that, if 



53 [ 68 ] 

the commanders of any American squadron, charged with the duty of 
suppressing piracy, should meet with those of a French squadron, 
the respective objects of hoth should be known to each. Another con- 
sideration to which you will advert, in a friendly manner, is the 
present condition of the Islands of Cuba and Porto Rico. The views 
of the Executive of the United Slates, in regard to them, have been 
already disclosed to France, by you, on the occasion of inviting its 
co-operation to bring about peace between Spain and her former 
colonies, in a spirit of great frankness. It was stated to the French 
Government that the United States could not see, with indifference, 
those Islands passing from Spain to any other European Power; and 
that, for ourselves, no change was desired in their present political 
and commercial condition, nor in the possession which Spain has of 
them. In the same spirit, and with the hope of guarding, beforehand, 
against any possible difficulties on that subject, that may arise, you 
will now add, that we could not consent to the occupation of those 
islands by any other European Power than Spain, under any contin- 
gency whatever. Cherishing no designs on them ourselves, we have 
a fair claim to an unreserved knowledge of the views of other great 
maritime Powers, in respect to them. If any sensibility should be 
manifested to wUnt the French Minister may choose to regard as 
suspicions entertained here, of a disposition on the part of France to 
indulge a passion of aggrandisement, you may disavow any such 
suspicions, and say that the President cannot suppose a state of 
things, in which either of the great maritime Powers of Europe, with 
or without the consent of Spain, would feel itself justified to occupy, 
or attempt the occupation, of Cuba or Porto Rico, without the con- 
currence, or, at least, the knowledge of the United States. You may 
add, if the tenor- of your communications with the French Minister 
should seem to make it necessary, that, in the course of the past 
summer, rumors reached this country, not merely of its being the 
design of the French fleet to take possession of the Island of Cuba, 
but that it bad, in fact, taken possession of that island. If the con- 
fidence in the Government of France, entertained by that of the 
United States, could not allow it to credit these rumors, it must be 
admitted, that they derived some countenance from the weakness of 
Spain, the intimate connection between that monarchy and France, 
and the general ignorance that prevailed, as to the ultimate destina- 
tion and object of a fleet greatly disproportionate, in the extent of its 
armament, to any of the ordinary purposes of a peaceful commerce. 

You are at liberty to communicate the subject of this note to the 
French Government, in conference or- in wilting, as you may think 
most proper; but, in either case, it is the President's wish that it 
should be done in the most conciliatory and friendly manner. 
I am, with great respect, sir-, 

Your obedient servant, 

H. CLAY. 

James Brown, Envbij Extraordinary 

and Minister Flenijwteniiary U. S. to France. 



[ 68 ] 54 

Don Jose Maria Salaxar to the Secretary of State. 
[.translation.] 

Legation of Colombia, 

New Fork, 50th December, 1825. 

I have the honor to inform you that I have received the note of 
the 20th current, in which you are pleased to communicate to me the 
hopes of a favorable result to the good offices of His Majesty the 
Emperor of Russia with the great Powers of Europe, and with Spain, 
to put an end to the war of America. The Government of Colom- 
bia, being informed by me of the instructions given to the American 
Minister at St. Petersburg, which you had the goodness to read to 
me last Spring, has seen, with the greatest satisfaction, this measure 
of real friendship, and love of humanity, of the Government of the 
United States; and charged me to declare its gratitude, as well as 
its anxiety for the continuance of those good offices with the other 
Powers of the Continent of Europe. 

As to the views of the President of the United States, forsuspending 
the invasion of the Islands of Cuba and Porto Rico, until the result 
is obtained of the mediation of the great Powers with Spain, I shall 
have the honor of transmitting them to my Government, by the first 
opportunity. Being able, in the mean time, to assure you, that 
neither, by official communications, nor by my private letters from 
Colombia, have I any knowledge relative to the expedition which is 
preparing at Carthagcna. I am, consequently, inclined to believe that 
what is said upon that matter, is founded on vague conjecture, or, 
perhaps, on the convenience and opportunity of invasion. 1 ought, 
likewise, to add, in confirmation of my private opinion, that, as I 
have been informed, there are, at Carthagena, only the troops neces- 
sary to garrison the place, such as is requisite in these times, when 
new expeditions have sailed from the ports of the Peninsula, and arc 
announced against America, and when the Spanish army in the 
Islands of Cuba and Porto Rico has been augmented. When the 
great facility is considered, of acting against the territory of Colom- 
bia or Mexico by the advantageous situation of said Islands, their 
great resources, and what is more important the superiority of the 
Marine which has assembled there, it will not be denied that Colombia 
has sufficient causes of alarm. It is true, in support of said conjectures 
on the approaching invasion of Cuba and Porto Rico, the necessity 
presents itself, under which the Government of Colombia is, of with- 
drawing the auxiliary forces from Peru, by the way of Panama and 
Carthagena; which is the most convenient, ready, and economical 
way to place them on the Atlantic, in an attitude of giving immedi- 
ate succour to any point of our territory, or of that of our allies, v\ hich 
may be invaded; but it is clear that this jnifcterv operation is lather 
the necessary effect of the geographical situation of Colombia and 
Peru, than a meditated plan of an expedition without the continent. 



* 55 [ 68 ] 

To these reasons, which, in my private opinion, and for want of 
official communications from my Government upon the subject, suf- 
fi< iently explain the movements of troops which are going on in Co- 
lombia, permit me to repeat to you what I said upon another occa- 
sion, that this military attitude, extremely grievous to our people, is 
a necessary consequence of the obstinacy of the Spanish Government, 
in prolonging a useless war, and in declining every idea of treating 
with Independent America, no less than the lamentably equivocal 
policy of the great Continental Powers, which, notwithstanding they 
see our independence irrevocably established by force of arms, and 
upon the solid basis of general opinion, and of just and moderate 
Governments, refuse the formal recognition of the new Republics, 
pretending to misunderstand what their own interest, justice, reason, 
and humanity, demand. In this situation of justly inspired doubt and 
inquieius'.e, when the obstinacy of Spain, and the indifference of the 
rest of b^irope, have convinced us even that we are engaged in a 
question of fact, when the nations of America have displayed all 
the vigor of youth, and know the value of their forces and combined 
resources, and when our armies have gloriously terminated the cam- 
paign which has forever secured the liberty of the South, it will not 
appear to many, reasonable to renounce all these favorable circum- 
stances to terminate at once the evils of war, and dictate conditions 
of peace, with the manifest advantage of (he American system, in the 
absolute expulsion of one European nation from the important Islands 
of Cuba and Porto Rico, which, in the precarious and miserable situ- 
ation of Spain, are not without the possibility of falling into the 
power- of some of the great Powers of Europe. 

It will appear even less reasonable that Colombia and her allies 
should have to continue in a state of inaction, enduring the heavy ex- 
penses, and grievous inconveniences which accompany the mainte- 
nance of the army and the marine upon a war footing, not being 
able to rely upon a guarantee of suspension from armaments and at- 
tacks on the part of Spain, which, in spite of its nullity, does not 
cease in its efforts to augment the army of America, so far as to in- 
duce us to suspect that a foreign hand affords these aids, which are 
by no means in harmony with the scantiness of the resources of the- 
Peninsula. 

I can likewise assure you that my Government has always regard- 
ed, with all due circumspection, the consequences which might result 
from an ill-directed expedition against Cuba and Porto Rico; and 
notwithstanding the urgent necessity which it has had, to attack the 
head quarters, (if I may so speak,) of our enemies, and the opportu- 
nity which, oftener than once, has presented itself for that pnrpose, 
it has preferred to suffer repeated invasions from those Islands, wait- 
ing for the favorable moment to attack them with a certainty of suc- 
cess, by the greater forces which the alliance of all the sections of 
the South and Mexico will procure to us. and by the state, every day- 
advancing, of the opinion for independence in the inhabitants of said 
Islands, who have repeatedly implored our aid: by this prudent slow- 



[ 68 ] 56 a 

ncss, it has wished to give time to the Spanish Government to refieci 
upon its own interest, and, consequently, to take the just resolution 
of recognizing the independence of the States of the Continent to save 
the rest of her colonies; but the time has passed in vain, and Spain, 
in spite of the repeated reverses which she has suffered in the course 
of this year, shows herself as proud and indignant at every idea of 
accommodation as at the commencement of the contest. Already a 
plan of conciliation has been seen inadmissible by the independent 
States, presented by the Minister Zea, in which were proposed some 
slight modifications of the ancient colonial regimen, and which, 
however, were rejected by King Ferdinand, as too liberal. 

In fine, by the same risks and lamentable consequences which 
would happen from the invasion of Cuba and Porto Rico, if the result 
is not secured by the combination of superior forces, at least, of 
the nations most interested, Colombia and Mexico, and the plan of 
operations for this campaign be regulated by common consent, I 
think that the fortune of said Islands must be decided in the Con- 
gress of the Isthmus of Panama, which gives time sufficient to re- 
ceive positive accounts of the final result of the good offices of His 
Majesty the Emperor of Russia,- and I doubt not, that, in attention 
to the friendship which His Imperial Majesty professes to the United 
States, which have requested his high mediation, and the glory of 
attributing to the great work of peace, a boon so important will be 
obtained, or the recognition of our political existence by Russia and 
the other Powers, which is the object of the most ardent desires of 
the new Governments of America. t 

I have the honor to offer you the sentiments of the most distin- 
guished consideration, with which I am, 

Your very obedient servant, 

JOSE MARIA SALAZAR. 
Honorable Henry Clay, Secretary of State. 



[translation.] 

Don Pablo Obregon to the Secretary of State. 

Legation of the United States of Mexico. 

Washington, Ath January. 1826. 

Sir: I have the honor of answering your note of the 20th ultimo, 
in which yon communicate to me the favorable hope of a happy issue 
of the negotiation undertaken b> this Government with the Russian 
Cabinet, through its Minister at St. Petersburg, to solicit of His 
Imperial Majesty his interposition in promoting peace between 
Spain and the Powers of the American Continent, formerly a part of 
that Monarchy; and in using his influence with his allies towards a 
general recognition; all of which you communicated to me in the 



57 C 68 ] 

month of May last, by reading to me the instructions which had been 
given, to that effect, to tne American Minister near His Imperial 
Majesty. I imparted to my Government a step so friendly and 
agreeable to the philanthropy and position of these States; and 
although I have as yet received no answer thereto, I repeat to you 
what 1 had the honor to mention verbally, that Mexico was only de- 
sirous of peace, and that I acknowledged to this Government its in- 
terest and mode of acting in the cause of the Continent and of liberty. 

I shall make known to my Government the wishes of the Presi- 
dent, that any other expedition be suspended which may be projected, 
as well as that which is said to be fitting out at Carthagena, to assist 
the independence of, one or both, the Islands of Cuba and Porto Rico, 
as the means best adapted to obtain the negotiation mentioned. 

I avail myself of this occasion to present to you my respects and 
most distinguished consideration, repeating myself to be, 
Your obedient servant, 

PABLO OBREGON. 

The message, and the report and documents therein referred to, 
were read. 

Ordered, That they he referred to the Committee on Foreign Rela> 
tions, to consider and report thereon, 

MONDAY, January 16th, 1826. 

Mr. Macon, from the Committee on Foreign Relations, to whom 
was referred, on the 28th of December, the message of the President 
of the United States, nominating Richard C. Anderson, and John 
Sergeant, to be Envoys Extraordinary and Ministers Plenipotentiary 
to the Assembly of the American Nations at Panama; and on the 
10th instant, the message communicating certain documents relating 
thereto, submitted the following report : 

That they have examined the subject to them referred, with the 
most profound attention; and have bestowed upon it all the considera- 
tion demanded by its novelty, delicacy, and high importance to 
the character and future destinies of the United States. In making 
this examination, the Committee found themselves not a little embar- 
rassed at first, by the circumstance announced by t\\& President, in his 
message to both houses of Congress, at the commencement of the pre- 
sent session, that he had already accepted the invitation given to the 
United States, by some of the American Republics, to be represented 
at the comtemplated Congress of American nations, about to be as- 
sembled at Panama. But, seeing in the several communications made 
by the Secretary of State, to the different ministers of these Republics, 
that an express reference was made to the concurrence of the Senate, 
as the indispensable preliminary to the acceptance of tins invitation; 
and finding in the present message of the President, the explicit as- 
surance, that he had not thought proper to take any step in carrying 
this measure into effect until ho could ascertain that his opinion of its 



[ 68 ] 58 

expediency would concur with that oi' both branches of the Legisla . 
hive; the Committee believed it became a part of the duty they owed 
to the Senate, and would be evidence of the proper respect due to the 
President, that they should fully and freely examine into the propriety 
of the pt-oposed measure, the expediency of adopting which was the 
subject that the Senate was thus invited to deliberate upon, and to 
make known their opinion. 

Considerations of much higher importance than even these, induced 
the Committee to adopt this course. In the ordinary progress of their 
proceedings, the Senate can rarely, if ever, find it either necessary or 
proper, to inquire as to the objects expected to be attained, by ap- 
pointments, to which their advice and consent is asked. As to all 
offices created by statute, in which these objects are defined, and their 
attainment positively required, the single question arising before the 
Senate, must ever refer merely to the Jituess of the persons nominated 
by the President to fulfil such duties. The same will generally be 
found the sole inquiry necessary to be made, in filling up vacancies hap- 
pening in pre-existing foreign missions, designed to maintain the cus- 
tomary relations and intercourse of friendship and commerce, between 
the United States and other nations. Very different, however, is the 
case, when it is proposed to create new oifices by nomination, or to 
despatch ministers to foreign States for the first time, or to accomplish 
by such missions objects not specially disclosed, or umhr circumstan- 
ces, new, peculiar, ajid highly important In all these cases, instead 
of confining their inquiries to the mere fitness of the persons nominated 
to fill such offices, it is not only the right, but the duty of the Senate, to 
determine, previously, as to the necessity and propriety of creating the 
offices themselves; and in deciding these questions, not only the objects 
for the accomplishment by which it is proposed to create them, but 
every other circumstance connected with such a measure, must neces- 
sarily and unavoidably become a subject of their serious examination. 

T!i is right, conferred by the constitution upon the Senate, is the only 
direct check upon the power possessed by the President in this respect, 
which, relieved from this restraint, would authorize him to create and 
consummate all the political relations of the United States, at his mere 
will. And as in the theory of their government, the high destinies of the 
people of the United States are never to be confided to the unrestrain- 
ed discretion of am' single man, even the wisest and best of their fel- 
low citizens, it becomes a solemn duty which the Senate owe to the 
sovereign States here represented, most seriously to investigate all the 
circumstances connected with the novel measure now proposed by the 
President, asto the expediency of adopting which, they have been in- 
vited to aid him with their counsel and advice. 

Entertaining these opinions in the performance of the duty which 
they believe has been required by the Senate, and anxious to manifest to 
the President their high respect, by complying fully with the wish 
which he has expressed upon this subject, the Committee will proceed 
to investigate the circumstances connected with the measure proposed, 
and disclosed by the docuu-- nts to them referred, most deeply impress- 



59 [ 68 ] 

ed with the importance of the consequences that may very probably 
result from it. 

The first question which suggested itself to the Committee, at the 
very threshold of their investigation; was, what cogent reasons now 
existed, for adopting this new and untried measure, so much in con- 
flict with the whole course of policy, uniformly and happily pursued 
by the United States, from almost the very creation of this Government 
to the present hour? By the principles of this policy, inculcated by our 
wisest statesmen in former days, and approved by the experience of all 
subsequent time, the true interest of the United States was supposed to be 
promoted, by avoiding all entangling connexions with any other nation 
whatsoever. Steadily pursuing this course, while they have been de- 
sirous to manifest the most cordial good will to all nations, and to 
maintain with each relations of perfect amity, and of commerce, re- 
gulated and adjusted by rules of the most fair, equal, and just recipro- 
city, the United States have hitherto sedulously abstained from asso- 
ciating themselves in any other way, even with those nations for 
whose welfare the most lively sensibility has been at all times felt, 
and otherwise manifested. 

During the conflict for freedom and independence, in which these 
new States of America were so long engaged with their former so- 
vereign, although every heart in the United States beat high in sym- 
pathy with them, and fervent aspirations were hourly put up for their 
success; and although the relations then existing with Spain were 
well calculated to excite strong irritation and resentment on our part, 
yet the Government of the United States, convinced of the propriety 
of a strict adherence to the principles it had ever proclaimed, as the 
rule of its conduct in relation to other nations, forebore to take any 
part in this struggle, and maintained the most exact neutrality be- 
tween these belligerents. Nor would it ever recognise the indepen- 
dence of these new Republics, until they had become independent in 
fact, and the situation of their ancient Sovereign, in relation to them, 
was such as to manifest that he ought no longer to beheld responsi- 
ble for their acts. So soon as this occurred, the United States most 
gladly embraced the opportunity, and in being the first to proclaim 
the sovereignty and independence of these States, gave to them the 
strongest pledge of respect, and cordial friendship, and sincere anxi- 
ety for their prosperity. 

Since that event, Ministers have been despatched to each of these 
new Republics, instructed to declare the sentiments sincerely and 
warmly felt for them by the United States, and empowered to con- 
clude treaties with them, the objects of which should be, to establish, 
upon principles of the most perfect justice and equity, all the ordi- 
nary relations that exist between nations. Thus much was due, not 
less to them than to ourselves: and in going so far, we did all that 
our feelings dictated, and the interests of either seemed then to re- 
quire. What necessity has since arisen to do more? What cause ex- 
ists now, to prompt the United States to establish new and stronger 



I 68 ] 60 

relations with them, and so to abandon that rule of conduct which 
has hitherto been here so steadily and hapily pursued? 

These inquiries necessarily called the attention of the Committee to 
a minute examination of all the documents to them referred, in order 
that they might therein discover the reasons assigned by the new 
States of America for desiring the United States to be represented at 
the Congress about to be assembled at Panama, and the motives of 
the President for intimating his willingness to accept this invitation. 
And in making such an examination, many reflections presented 
themselves, as connected with the proposed measure, all of which the 
Committee Mill now state to the Senate. 

In a Government, constituted as is that of the United States, in 
which the sentiment so natural to freemen prompts them to scrutinize 
most exactly the extent of all the powers they grant, and to limit this 
extent by the objects desired to be accomplished by their exercise, the 
strongest anxiety is (and it is to he hoped always will be) felt, to learn 
distinctly what is the precise object desired to be attained, and what 
are the precise means proposed for its attainment. Even the confi- 
dence reposed in the long-tried patriotism, and well-proved wisdom of 
our own best citizens, does not, and ought not to suffice, to quiet this 
anxiety, or to remove this jealousy, inspired by an ardent attachment 
to our rights and privileges. It was, therefore, much to be desired, 
and certainly to have been expected, that, before the destinies of the 
United States should be committed to the deliberation and decision of a 
Congress, composed not of our own citizens, but of the representatives 
of many different nations, that the objects of such deliberations should 
be most accurately stated and defined, and the manner of their accom- 
plishment clearly and distinctly marked out. 

In this opinion the President himself seems to have concurred at the 
commencement of this negotiation; for, in the report made to him on 
the 20th of December last, by the Secretary of State, this office* 
states, that, agreeably to his defections, he had informed the ministers 
by whom the invitation to the proposed Congress at Panama was 
given, that " before such a Congress assembled, it appeared to the 
" President to be expedient to adjust, between the different Powers to 
" be represented, several preliminary points, such as the subjects to 
" which the attention of the Congress was to be directed, the nature 
" and the form of the powers to be given to the diplomatic agents who 
" were to compose it, and the mode of its organization and action."' 
And it was made an express and previous condition to the acceptance 
of the invitation propof^ed to be given, that " these preliminary points 
il should be arranged in a manner satisfactory to the United States." 

It was, therefore, not without much surprise and great regret that 
the Committee discovered, that, although, in none of the communica- 
tions subsequently made to this Government, by either of the ministers 
of the several States by whom Ibis invitation was given, are these pre- 
liminary points even stated; and, although the want of " a compliance 
with these conditions" is expressly noticed in tin 1 reply made to them 
by tire Secretary of State, yet they were therein tofd, that the Presi- 



6i [ 68 ] 



dent had determined " at once" to send Commissioners to this Con- 
gress at Panama, provided the Senate would advise and consent to 
such a measure. 

If, then, the Senate should now demand of this committee to inform 
them what are the ohjects to be accomplished at this Congress, and 
what are the means by which their accomplishment is t> be effected — 
although as to objects, the documents referred to them will enable the 
committee to liame a few — yet, as to all others, t'-:ey must answer, in 
the language of the communication made by the Mexican minister, 
that they are those " to which the existence of the new States may 
" give rise, and which it is not easy to point out or enumerate." As 
to the means, however, the committee can only reply, that, while it 
seems to be expected that the United States arc to clothe their repre- 
sentatives with " ample powers" to accomplish all the enumerated, and 
these other undefined objects also, yet the mode in which these powers, 
if granted, are to be used and exercised, is no where even hinted at. 

One great question, therefore, upon which the decision of the Senate 
is called for, wil! be, whether, in the existing state of things, it is wise 
or expedient that the United States should be represented at a Con- 
gress of American nations, by agents endowed with undefined powers, 
to accomplish undefined objects ? And this committee feel no hesita- 
tion in stating, as their opinion, that, if ever it may be proper to adopt 
such a measure, there is nothing known to them that requires or jus- 
tifies it at this time. 

It is true the power confided to the Senate to ratify or reject any 
agreement that may be entered into by such agents, would constitute 
some safeguard to the important interests of the United States. But, 
long experience must have informed the Senate, that it is generally ex- 
ceedingly difficult, and sometimes even impossible, to escape from the 
embarrassments produced by the mere act of entering into a negotia- 
tion; and that it is much better to abstain from doing so, until its ob- 
jects are distinctly known and approved, than to confide in the power 
of the Senate, in the last resort to refuse their assent to the ratification 
of an agreement, after it is adjusted by means of such negotiation. 

In the present case, if the measures to be accomplished by the pro- 
posed Congress, whatever may be their object or character, should not 
meet the concurring opinion of all the parties there to be represented, 
we need not the lights of history to inform us, that many consequen- 
ces, mischievous in themselves, and greatly to be deplored, not only 
may, but most probably will, result. And that a difference of opinion 
will exist, in regard to measures so important in themselves, and so 
various and diversified in their effects, upon nations differing from 
each other in almost every particular, is much to be apprehended. The 
power possessed by the Senate, of withholding its assent, ought not, 
therefore, to be regarded as furnishing sufficient assurance against the 
possible and probable effects of the proposed measure. 

Turning from the undefined objects of this Congress, so imperfect- 
ly disclosed in the vague description given of them, that, if seen at all, 
they are presented most indistinctly to their view, and regarding those 



[ 68 ] 62 

which are particularly mentioned, and described with more precision; 
this committee have not been able to discover in any one of these last, 
a single subject, concerning which the United States ought to enter in- 
to any negotiation with the States of America, to be assembled at the 
contemplated Congress at Panama. 

Before proceeding to the enumeration of these objects, the commit- 
tee cannot refrain from calling the attention of the Senate to a singu- 
lar circumstance, di< dosed by the documents to them referred: although 
an enumeration of the subjects to which the attention of the proposed 
Congress was to be directed, was explicitly stated, as a condition pre- 
liminary to the acceptance by the United States, of the invitation given 
to them to he there represented; although each of the ministers, giving 
this invitation, had communicated this to his Government, and received 
its instructions relative thereto; yet, great diversities will be found, in 
the enumeration of these subjects, made by each of these ministers, in 
pursuance of such instructions. And, what is still more remarkable, 
while many of the subjects of intended discussion, so enumerated, by 
each of these ministers, are not referred to in the message of the Presi- 
dent to the Senate, others are therein stated, as matters for the delib- 
eration of the proposed Congress, to which not the slightest allusion 
seems ever to have been made, by any one of the American ministers, 
in any of their communications to this Government; nay, one of the sub- 
jects, (the most important, probably, of any, which the United States 
are desirous to discuss, at this Congress,) is neither noticed in the 
communications made to this Government, by any of the American 
States, nor in the message of the President to the Senate; and is to be 
only inferred from the documents last referred to this committee, re- 
ceived under the call made by the Senate, for* further information: all 
which will be very clearly shewn by the details, which the committee 
will now lay before the Senate. 

The first subject stated by the Mexican minister, as one which 
Mould occupy the attention of the contemplated Congress, and in the 
deliberations concerning which, the United States are expected to take 
a part, is, » The resistance or opposition to be made to the interfe- 
rence of any neutral nation, in the question and war of independence, 
between the new Powers of this continent and Spain." And in the 
deliberations upon this subject, it seems to be proposed, "to discuss the 
means of giving to that resistance all possible farce;" and so to ad- 
just, by previous concert, the mode in which each of the states repre- 
sented at the Congress M shall lend its co-operation." 

The same subject is also stated by the Minister of Colombia, and in 
terms still more explicit. lie suggests as a matter of useful discussion in 
the Congress, the formation of "an eventual alliance" of the States 
there to be represented, for the purpose of preventing any Euroj^an 
Power from interfering in the present contest between Spain and her 
former colonies: and that the treaty for this purpose should " remain se- 
cret, until the casus fcrdcris should happen." 

Notwithstanding this is so stated by both of these ministers, as the 
first and great object of the proposed Congress, yet the President, in 



63 [ 68 ] 

his Message, assures the Senate, " that the motive of the attendance 
of the United States, is neither to contract alliances, nor to engage in 
any undertaking or project importing hostility to any other nation." 
It thus appears, that, in relation to this first and most important point, 
which seems to have given birth to the scheme of this Congress, the 
views and motives of the United States differ essentially from those of 
the other parties. And this difference of opinion, occurring as to the 
very first proposition, which is said to be *'< a matter of immediate 
utility to the American States that are at war with Spain," and is be- 
lieved by them to be in accordance with the repeated declarations and 
protests of the Cabinet at Washington," must unavoidably excite 
doubts as to " the interest we take in their welfare, and our disposi- 
tion to comply with their wishes;" and would so contribute not a lit- 
tle to defeat other objects. 

The next subject stated by the Mexican minister, as presenting 
"another of the questions which may be discussed," and which he 
considers as being " in like predicament with the foregoing," is, " the 
opposition to colonization in America by the European Powers. 

The minister of Colombia concurs in this enumeration. He places 
»'the manner in which all colonization of European Powers on the 
American Continent shall be resisted," at the very head of all the sub- 
jects of proposed discussion; and couples this with the former, as an 
object to be effected by the joint and united efforts of all the States to 
be represented at the Congress, who should be bound by a solemn con- 
vention to secure this end. 

The President concurs in part in the opinion as to the propriety of 
attaining this end, but differs radically as to tlie mode of accomplish- 
ing it. " An agreement between all the parties represented at the 
meeting, that each will guard, by its own means, against the establish- 
ment of any future European colony within its borders," he thinks, 
" may be found advisable." Now, if this be meant, that each nation 
shall, by its own means, protect its own territories against all encroach- 
ments upon them, attempted by any European or other Foreign State 
whatsoever, the Committee cannot discern, either the necessity or ex- 
pediency of entering into any formal agreement with other States to 
that effect, more than exists for reducing to treaty stipulations, any 
other of the high, just, and universally admitted rights of all nations. 
Such an idea, however, is obviously not that suggested by the minis- 
ters of Mexico and Colombia; and if more is meant to be comprehend- 
ed in the agreement which the President thinks may be found ad- 
visable, every other article it would contain must, in the opinion of 
this Committee, violate all the well-settled principles of the policy of 
the United States, and put at hazard their best interests, without any 
adequate motive for so novel an experiment. In the one case, the 
views and motives of the President differ again essentially, from those 
of the other parties to be represented at this Congress; and from the 
disclosure of these repeated differences of opinion, no good can pos- 
sibly result. And in the other, should the views of the President con- 
cur with those of the other American States? (which the Committee do 



[68] 



64 



not believe) tire mutual stipulations growing out of such an agreement, 
would, in the opinion of this Committee, prove fatal to the best interests 
of the United States, should the casus foederis ever happen. 

To adjust the means of most effectual resistance to the interference 
of neutral nations, in the war of independence between the new Powers 
of this Continent and Spain; and of opposition to colonization in 
America by the European Powers, arc said by the Mexican minister 
to b? '« the two principal subjects" of intended discussion at the con- 
templated Congress; and, indeed, are all the subjects of discussion 
which he particularly states. The minister of Colombia, however, 
extends his enumeration of the subjects of intended discussion somewhat 
further; and after mentioning those before stated, adds, as another, ''the 
consideration of the means to be adopted for the entire abolition of the 
African Slave trade." 

To this subject the President makes no allusion in his Message ; and. 
after the examination which it has received in tbe Senate, during two 
successive years, this Committee deem it quite unnecessary to say 
much in relation to it at this time. Some of tbe Sovereign States, here 
represented, were the Grst in the world to proclaim their abhorrence of 
this traffic. Since the formation of this Government tbe United 
States have exerted, (and as this Committee believe, have exerted ef- 
fectually.) all the means in their power to arrest its progress, so far 
as their own citizens were concerned; and, if all other nations, and 
especially those nations holding possessions in America, would follow 
their example, the African Slave Trade would no longer exist. The 
United States, however, have not certainly the right, and ought never 
to feel the inclination, to dictate to others, who may differ with them 
upon this subject, nor do the Committee see the expediency of insult- 
ing other States, with whom we arc maintaining relations of perfect 
amity, by ascending the moral chair, and proclaiming, from thence. 
mere abstract principles, of the rectitude of which, each nation enjoys 
the perfect right of deciding for itself. 

The Minister of Colombia states, as another subject of discussion, 
at the contemplated Congress, '< on what basis the relations of Hayti, 
" and of other parts of our hemisphere that shall hereafter be in like 
" circumstances, are to be placed." To this matter, also, the Presi- 
dent makes no allusion in his Message. And, surely, if there is any 
subject within tbe whole circle of political relations, as to which it is 
the interest and the duty of all States to keep themselves perfectly free 
and unshackled by any previous stipulation, it is that which regards 
their future connexions with an) other people, not parties to such an 
agreement. Of the propriety or impropriety of such connexions, each 
must ever be permitted to judge freely for itself, because the benefit or 
disadvantage to result from them, irtust be peculiar, and very differ- 
ent to each : and that relation which is highly desirable at one time, 
may become hurtful at another. In the opinion of this Committee, 
therefore, the United States should never permit themselves to enter 
ir-to discussion with any foreign State whatever* as to tbe relations 
they should be obliged to establish, with any other People not parties 



65 I 68 3 

to such discussions. And the objections to such a course become infi* 
nitely stronger, when the discussions are intended to refer, not only to 
those who then exist, but also to others, who may hereafter be consider- 
ed as placed " in like circumstances." 

These are all the points particularly suggested by the Minister of 
Colombia, as subjects of discussion at the contemplated Congress. 
The Minister of Guatemala, (who also unites in the invitation given 
to the United States,) has stated no particular subject as matter of dis- 
cussion at this Congress. He intimates, however, « that, as Europe 
" had formed a Continental System, and held a Congress, whenever 
" questions affecting its interests were to be discussed, America should 
«< also form a system for itself." 

How far this general suggestion meets the views of the President, 
the Committee are not enabled, by any document to them referred, to 
decide. But they will present to the Senate their own ideas in rela- 
tion to it, the rather, because it seems now to be the prominent object 
of the proposed Congress, the magnitude and variety of details belong- 
ing to which, defied present enumeration, and particular specification. 
Without adverting to the great and obvious diversities existing be- 
tween the States of this Continent and those of Europe, by which the 
system here alluded to has been established — diversities growing out 
of the situation of their People, the nature of their Governments, and 
the positions they oocupy, not only in relation to each other, but to the 
rest of the civilized world, this Committee w,ill state, as their opinion, 
that no effect yet produced by the Continental System of Europe, is of 
a character to invite the States of this continent to take that system as 
a model or example fit for their imitation. The great object of the 
Continental System of Europe is, to preserve ancient institutions, and 
relations long known, and well understood, in the position which they 
now occupy, and for many centuries have done. 

The operation of this system is, by the combination of powers, and 
the application of mere force, to arrest the progress of improvement in 
the science of government, and in the condition of society. Ends 
which all free States must reprobate, as much as they do the means 
employed for their accomplishment. If this were not so, however, a 
system formed for this continent, for the same, or even different ob- 
jects, would most probably produce the worst effects. The short po- 
litical existence of all the States on this continent, even of the United 
States themselves, the most ancient of any. hath enabled them to profit 
so little as yet by experience, that it would seem rash to proclaim 
their perfection, at this time* or to pledge any of them to perpetuate 
either their present institutions, or existing political relations. Our 
own excellent constitution is based upon the supposition of its own pro- 
bable imperfections, and most wisely provides for its amendment, 
whenever such defects shall be discovered to exist We cannot, there* 
fore, stipulate to preserve it as it is; and no compact with other States 
can be necessary to bestow upon each the power it now possesses, to 
•ffect any change which experience may hereafter show to be beneficial 
to itself. And a stipulation to make such changes, as the good of arty 



£ 68 ] 6fr 

others may hereafter require, would either be futile in itself, or must 
inevitably lead to discord and to wars. t 

This Committee doubt, moreover, the authority of the Government 1 
of the United States to enter into any negotiation with foreign na- 
tions, for the purpose of settling and promulgating, either principles 
of internal polity, or mere abstract propositions, as parts of the pnb- 
lic law. And if the proposed Congress is viewed but as a convenient 
mode of conducting a summary negotiation, relative to existing inte- 
rests, important to this continent alone; it not only may, but most 
probably will be considered, by all other civilized nations, as a con- 
federacy of the States therein represented, for purposes as predjudi- 
cial to the interests of the old, as they are supposed to be beneficial to 
those of the new world. Many of the provisions in the different con- 
ventions, already concluded between some of the new States, relative 
to this very Congress, and which are now public, are well calculated 
to create such a suspicion, even if they do not justify a belief in itt 
truth. And whensoever this suspicion shall be entertained by the na- 
tions of thv old world, and especially by those who still hold posses- 
sions on this continent; it must be obvious to all, that consequences 
much to be deplored, will unavoidably result. 

Nothing fliat can be done thereafter, by any department of this Go- 
vernment, in refusing to sanction the stipulations, concluded at a Con- 
gress regarded in this light, will suffice to avert the calamity. And 
the United States, who have grown up in happiness, to their present 
prosperity, by a strict observance of their old well known course of 
policy, and by manifesting entire good will, and most profound respect 
for all other nations, must prepare to embark their future destinies 
upon an unknown and turbulent ocean, directed by little experience, 
and destined for no certain haven. In such a voyage, the dissimili- 
tude existing between themselves and their associates, in interest, 
character, language, religion, manners, customs, habits, laws, and 
almost every other particular; and the rivalship these discrepancies 
must surely produce among them, would generate discords, which, if 
they did not destroy all hope of its successful termination, would 
make even success itself the ultimate cause of new and direful con- 
flicts between themselves. Such has been the issue of all such enter- 
prizes in past time; and we have therefore strong reasons to expect in 
the future, similar results from similar causes. 

The Committee, having thus examined the several subjects of pro- 
posed discussions, stated or alluded to by each of the ministers of the 
new States of America, as matters of deliberations at the contemplat- 
ed Congress, will now proceed to the investigation of others, not men- 
tioned or referred to by any of them, but exhibited in the message of 
the President. 

The Committee see nothing in the documents to them referred, 'to 
prove that the States who originated the project of this Congress, and 
settled the subjects proper for its deliberation, and who most proba- 
bly have already adjusted '* the preliminary rules of that assembly, " 
will admit as fit matters of discussion, any other than those which 



6T [ 88 ] 

iiiey themselves have so previously announced. Should this be the 
ease, the degraded position which the United States must then occupy 
at the Congress, must be apparent to all. Without adverting further, 
however, at this time to this consideration, the Committee will enter 
into the examination of the several topics suggested by the President, 
as though the discussion of them was a matter settled and already 
agreed. 

The first of these subjects stated by the President, is, "the estab- 
lishment of principles of a liberal commercial intercourse." The 
motives for desiring this are stated to be, that " the Southern Ameri- 
" can nations, in their intercourse with the United States, have some- 
u times manifested dispositions to reserve aright of granting special 
*' favors and privileges to the Spanish nation, as the price of their recog- 
« nition; at others, they have actually established duties and imposi- 
." tions, operatitig unfavorably to the United States, to the advantage 
" of other European Powers; and sometimes they have appeared to 
" consider that they might interchange, among themselves, mutual 
" concessions of exclusive favor, to which neither European Powers 
* i nor the United States should be admitted." 

In considering these reasons, it cannot escape the observation of any, 
that, in manifesting dispositions to establish such commercial rela- 
tions, the Southern American nations must have been actuated by the 
.only motive that ever operates either upon nations or individuals, in 
regard to their mere commercial intercourse — a desire fairly to ad- 
vance their own interests, and a belief that they could, by such 
means, properly accomplish this end. If, in this belief, these nations 
are right, then the United States can scarcely be viewed as acting 
.towards them in that spirit of generous kindness and fraternal friend- 
ship they have professed, when they should strive to induce them to 
establish as liberal principles, such as would be injurious to the inte- 
rests of these Southern nations themselves. And, if they are wrong, 
it seems to this Committee, that the task of exhibiting their errors, 
may be much better performed, as hitherto it hath been, by particular 
discussions with each separately, than by general demonstrations 
made to all, assembled as a Congress. 

The interests of commerce are necessarily peculiar; they grow out 
of numerous circumstances, produced by locality, climate, population, 
manners, customs, and other causes, no one of which exists alike in 
any two nations on the globe. Few general principles, therefore, can 
•ver apply, with equal truth, to so many peculiarities; and such as do 
so apply, need not the sanction of solemn compact to give them effect. 
They may be very safely confided to the natural disposition of man, 
promptly to discover, and eagerly to advance, his own best interests. 

Whatever dispositions, then, may have been manifested by the 
Southern nations of America, this Committee think that their effects, 
both upon themselves and the United States, will constitute subjects 
much more fit for separate discussions with each, than of general in- 
vestigation before all. And the Committee are the more confirmed in 
this opinion, by the assurance given by the President, in this message. 



r 68 ] 68 

that," " in most of these cases, their regulations unfavorable to us, 
** have already yielded to "friendly expostulation and remonstrance;" 
and, by the fact that the treaties recently concluded between these 
States, contain express stipulations that, in no event, will they agree 
or enter into any treaty with Spain, or any other nation, to the pre- 
judice of their independence, but to maintain, at all times, their mu- 
tual interests, with the dignity and energy proper to free indepen- 
dent States. 

It is true, a difference of opinion appears to exist at present, between 
the United States and one of the new Republics of America, in rela- 
tion to a single principle of their commercial intercourse. When the 
Senate recollect, however, that treaties have been already concluded 
between the United States and three others of these Republics, in each 
of which treaties this point has been settled, as the United States them- 
selves think, right, the Committee believe that the Senate will concur 
with them in the opinion, that it is much better to continue the discus- 
sion of this subject with the' dissenting State singly, urging upon her 
the example of her sister States, than to put in hazard the stipulations 
already secured, by voluntarily entering into an examination of their 
expediency, before the contemplated Congress. 

" The consentaneous adoption of principles of maritime neutrality, 
« favorable to the navigation of peace and commerce in time of war," 
is the next object which, in the opinion of the President, should " also 
form a subject of consideration to this Congress." In relation to this, so 
far as it regards the commerce of peace, the Committee have already 
expressed their opinion ; and, so far as it is intended to settle the rules 
of war, as applicable to navigation, the Committee will only remark, 
that there exists so much risk of compromising and destroying the re- 
lations of neutrality, which the United States are now maintaining, 
should they involve themselves, by any compact, relative to belligerent 
rights, entered into with only one of the parties to the present war, 
during its continuance, that, in their opinion, it would be highly inex- 
pedient to make such an experiment at this time. Any principle re- 
lating to the rights of war, which one of the parties in the existing con- 
test might be willing to adopt, as promoting its interests, could scarce- 
ly be regarded with indifference by the other. And the great maritime 
States of Europe would most probably consider that the United States 
had seized the occasion of this war, to enter into a confederacy with 
the other States of this continent, now actually engaged in it, for the 
purpose of settling principles intended to affect materially their future 
interests. 

It is well known to the Senate, moreover, that treaties already exist, 
between the United States and several of the new States of this con- 
tinent, in which all the subjects alluded to by the President, in this 
part of his message, are already settled; and no reason is known 
to this Committee to excite the slightest doubt, that the others of these 
States, with whom treaties are not yet concluded, will feel any disin- 
clination to enter into similar stipulations for themselves. 

"There is yet another subject, (says the President,) upon which, 



69 [68] 

♦'without entering into any treaty, the moral influence of the United 
** States, may, perhaps, be exerted with beneficial consequences, at such 
" a meeting — the advancement of religious liberty." And as a motive 
for making an effort to accomplish this object, he states, that "an 
" exclusive church has been incorporated with the political constitutions 
" of some of the Southern nations, without toleration of any other than 
"the dominant sect." 

In the opinion of this committee, there is no proposition, concerning 
which the people of the United States are now and ever have been 
more unanimous, than that which denies, not merely the expediency, 
but the right, of intermeddling vith the internal affairs of other States; 
and especially of seeking to alter any provision they may have thought 
proper to adopt as a fundamental law, or m^y have incorporated with 
their political constitutions. And if there be any such subject more 
sacred and delicate than another, as to which the United States ought 
never to intermeddle, even by obtrusive advice, it is that which con- 
cerns religious liberty. The most cruel and devastating wars have 
been produced by such interferences; the blood of man has been poured 
out in torrents; and, from the days of the crusades to the present hour, 
no benefit has resulted to the human family, from discussions carried on 
by nations upon such subjects. Among the variety even of Christian 
nations which now inhabit the earth, rare indeed are the examples to 
be found, of States, who have not established an exclusive church; and 
to far the greater number of these, toleration is yet unknown. In 
none of the communications which have taken place, is the most distant 
allusion made to this delicate subject, by any of the ministers who have 
given this invitation; and the Committee feel very confident in the 
opinion, that, if ever an intimation shall be made to the sovereignties 
they represent, that it was the purpose of the United States to discuss 
at the proposed Congress, their plans of internal civil polity, or any 
tiling touching the supposed interests of their religious establishments, 
the invitation given would soon be withdrawn. 

The Committee have thus exhibited to the Senate, in detail, all the 
subjects which they have been enabled to find particularly stated, either 
by the President in his first message, or by any of the ministers of the 
new States of America, as matters intended to be discussed at the con- 
templated Congress. In reviewing these, they will repeat, that a 
concurrence of opinion does not seem to exist, between the different 
parties, as to the subjects of deliberation; nor has the mode of discussion 
or decision been in anyway settled between them. In relation to some 
of the subjects alluded to, as fit matters for consideration, differences 
of opinion, radical and irreconcileable, seem already to exist, which dis- 
cussion may aggravate, but cannot assuage. As to others, their very 
agitation in this mode, threatens seriously the compromitment of the 
neutral relations which the United States are now maintaining, and 
have so carefully observed throughout this whole contest. Others, 
again, are unfit subjects for deliberation in this mode at all times, and 
any agreement resulting from their discussion, must impair that free- 
dom of action which it is so necessary for the United States to preserve 



f683 



70 



as to these, and, as to the residue, they are either not of sufficient im- 
portance to require the adoption of this new and untried experiment of 
a Congress of nations, or may be much better adjusted and settled in 
separate negotiations with each, than in a general conference with all. 
For these reasons, if there were none other, this Committee should re- 
gard the adoption of the measure proposed by the President as highly 
inexpedient at this time. 

Although, in the message of the President, of the 9th instant, no 
new subject of deliberation at the contemplated Congress is specially 
stated, yet, from the documents accompanying that message, and there- 
in referred to, as containing information, tending to show the expedi- 
ency of adopting the proposed measure, it appears to this committee, 
that the present and future condition of the remaining Spanish posses- 
sions in America, are considered as proper matters to be there agita- 
ted and settled. Such being the inference of the committee, they 
will proceed to lay before the Senate their opinion upon this subject 
also. 

The Committee are well aware, that the United States can never 
regard with indifference the situation and probable destiny of the 
neighboring Spanish Islands of Cuba and Puerto Rico ; but, so far 
from believing it expedient to discuss these subjects at a Congress of 
all the American States, and especially at this time, the Committee 
consider the great probability that such a discussion might be forced 
upon the United States, if they are there represented, as a circum- 
stance, furnishing in itself the strongest objections to the adoption of 
the measure proposed. 

If the existing war between Spain and the new States of America 
continues, the United States could scarcely endeavor to arrest the 
progress of that war, in the only direction it can hereafter take, or 
prevail upon one of the belligerents not to strike their enemy, where 
alone he is now assailable and most vulnerable by them, without an- 
nouncing a determination to take part in the contest ; and if peace 
shall happily be restored, all apprehension of the effVcts of such a blow 
must cease of course. Why then discuss the merits of such a question, 
which it seems probable may never arise ? Or why place the United 
States in a situation, where, if the question does arise, and they must 
speak, the language which they utter must be regarded as equally un- 
friendly to all the new States ; and where, if the United States keep 
silence, this very silence will be misinterpreted ? 

Should the situation or policy of the United States induce them to 
look with indifference upon the new direction that the existing war 
may take, and to abstain from all interference in it, even though the 
neighboring Islands ef Cuba and Puerto Rico may be threatened or 
assailed, then the very annunciation of such a purpose must contribute 
much to accelerate an event that cannot be desired by us. In what- 
ever light, therefore, this subject is viewed, it does not seem to be one 
which the United States should discuss with the other American States 
assembled at a Congress. The inexpediency of pursuing such a course 
appeared more obvious to this Committee, when they considered, that 



71 [68] 

many of the nations of Europe must also feel, that their interests were 
materially involved in its decision ; and that they would not abstain 
from making some movement in relation to it, which must greatly 
embarrass any course that the United States may wish hereafter to 
pursue. 

While the United States retain the position which they have hither- 
to occupied, and manifest a constant determination not to mingle their 
interests with those of the other States of America, they may continue 
to employ the influence which they possess, and have already happily 
exerted, with the nations of Europe, in favor of these new Republics. 
But, if ever the United States permit themselves to be associated with 
these nations in any general Congress, assembled for the discussion of 
common plans, in any way affecting European interests, they will, 
by such an act, not only deprive themselves of the ability they now 
possess, of rendering useful assistance to the other American States, 
but also produce other effects, prejudicial to their own interests. Then, 
the Powers of Europe, who have hitherto confided in the sagacity, 
vigilance, and impartiality of the United States, to watch, detect, 
announce, and restrain any disposition that the heat of the existing 
contest might excite in the new States of America, to extend their em- 
pires beyond their own limits, and who have, therefore, considered 
their possessions and commerce in America safe, while so guarded, 
would no longer feel this confidence. Each would, therefore, endeavor 
to secure its own interests, by its own means; and the power of Spain 
not being considered by any as equal to the protection of her remain- 
ing American possessions, a struggle would probably commence, who 
should first obtain the Islands of Cuba and Puerto Rico, the possession 
of which must ever be of the last importance to the commerce of this 
hemisphere. Or, if such should not be the case, the interest of many 
European nations might seem to require that they should make com- 
mon cause with Spain for the purpose of preventing these Islands 
from falling into other hands. To the United States it would be of 
little moment which of these events should occur: for, it cannot be ex 
pected that any such contest could be carried on so near them, without 
the most imminent danger to their neutrality. 

The very situation of Cuba and Puerto Rico, therefore, furnishes 
the strongest inducement to the United States not to take a place at 
the contemplated Congress, since, by so doing, they must be consider- 
ed as changing the attitude in which they hitherto have stood, as im- 
partial spectators of the passing scenes, and identifying themselves 
with the new Republics. 

These reasons, strong as they have appeared to this Committee, 
are not the only objections to the proposed measure disclosed by the 
documents to them referred. The manner in which this invitation has 
been given, of itself, furnishes many forcible obstacles to its accept- 
ance ; and, in the opinion of this Committee, the United States will 
neither consult their own dignity, nor what is due to the proper respect 
they have a right to claim from all nations, and, especially from the 



[ 68 ] 72 

new States of America, if they now agree to co-operate in carrying 
this proposed measure into effect. 

The history of the transaction, so far as it is disclosed to this com- 
mittee, seems to he this : So early as the year 1821, the project of as- 
sembling a General Congress of their Representatives, to consider 
and adopt the best plan for defending the States of the new world 
from foreign aggression, and to conclude treaties of alliance, com- 
merce, and friendship, for the promotion of their happiness and pros- 
perity, appears to have been conceived by one at least of the new 
States of America. This scheme of forming a continental system for 
America, to resemble that already formed in Europe, was communi- 
cated to the others of these States, who, concurring in the project, ne- 
gotiations were instituted between them for the purpose of concluding 
conventions to provide for this object. 

The plan being so far matured, the United States were, for the first 
time, informally applied to, during the last Spring, by the Ministers 
of two of the new States, separately, to learn whether an invitation 
to be represented at this Congress, if given by both these Republics, 
would be accepted. To this communication, informally made, the 
President as informally replied, that he believe;! such a Congress as 
was proposed, might be highly useful for several purposes, but that, 
before it assembled, it appeared to him expedient to adjust, between 
the Powers to be represented, several preliminary points, such as the 
subjects to be discussed, the nature of the powers to be given to the 
agents who were to compose it, and the mode of its organization and 
action. And if these preliminary points could be arranged, in a man- 
ner satisfactory to the United States, the Ministers to whom this com- 
munication was made, were informed, that the President thought the 
United States ought to be represented at the contemplated Congress. 
Each Minister undertook to transmit to his Government this answer 
thus given. 

The affair remaining in this posture as to the Uuited States, the 
negotiations previously entered into between the new States, were 
brought to a close, and conventions providing for the objects of the 
proposed Congress, were actually concluded, some of them so far back 
as the 6th day of July, 1 822. 

After the conclusion of all these conventions, and only a few weeks 
since, during the month of November last, separate formal communi- 
cations were made to the United States, by the Ministers of Mexico, 
Colombia, and Guatemala, respectively, disclosing some of the ob- 
jects intended to be discussed at the proposed Congress, in . the man- 
ner already stated by the committee, and giving the invitation to the 
United States to be there represented. In some of these communica- 
tions, rhe United States were informed that instructions, and ample 
powers for the attainment of the proposed objects, would be given by 
'At least one of the new Republics, and a wish was expressed that the 
agents of all the others might bear the same. In none, however, is 
any mention made, either of the mode of organization or action of the 
Congress, nor is it any where stated who would be the parties, or 



73 » [ 68 J 

what representatives were either invited, expected, or would he re- 
ceived. But, in the very communication which conveys the informa- 
tion already stated, the United States are told, that, at the date of 
that communication, (Nov. 3d,) the Representatives from Colombia, 
Peru, Guatemala, and Mexico, would have arrived at Panama, the 
agreed place of assembling, and would be engaged in settling the 
preliminary rules of the assembly, and in discussing the questions, 
which should be supposed by them to belong exclusively to the belli- 
gerents. 

It thus appears, that, after every thing relative to the meeting of 
the proposed Congress had been settled, by formal negotiations and 
treaties between themselves, the United States have been thus loosely 
invited by the other American States, as if in mere courtesy, to attend 
its deliberations. Should the United States accept such an invitation, 
the deputies wbom they may send to Panama will there be associated, 
with they know not whom, or for what purposes, or in what mode, 
When these deputies shall inquire of the Congress as to any of these 
importaut particulars, they will receive the information they ask, in 
resolutions and compacts adjusted and concluded before their arrival. 
And if, waiving all these things, which none ought to consider as mere 
ceremonials, the agents of the United States shall take the places pre- 
viously assigned them, and propose to take a part in the discussions, 
they will find all the leading principal topics for deliberation already 
passed upon and concluded. 

The Committee are well aware that the interest and character of 
free States, should never be permitted to rest upon matters of mere 
fastidious etiquette and ceremonious observance; but even in the in- 
tercourse between individuals, and much more in that between sove- 
reignties, there is a point at which form becomes substance, and when 
scrupulous attention, to the most minute ceremonials that comity and 
respect exact, is due to the sacred character and dignity of the Repub- 
lic. At that point, the Committee believe the United States should 
ever make a stand, and, resting there, should always exact, even from 
the most ancient and puissant sovereign of the earth, every thing re- 
quired by their own sHf respect. Nor should any thing be then waiv- 
ed even to manifest their sensibility to whatever concerns the pros- 
perity of the American hemisphere, or the sincere friendship which 
they feel for these new Repuhlics. 

As the most ancient State in the new world; the first acknowledged, 
sincere friend of those more recently existing; as a State from whose 
greater experience more light is said to be expected to be shed upon 
the subjects to be discussed, and the principles to be established, at 
the contemplated Congress, than from the other States; the United 
States had a right to expect, that when this project of a Congress of 
American nations was conceived, it should have been communicated 
to them, as early as to any others whose presence, by their represen- 
tatives, was deemed desirable. That they too should have been ask- 
ed, whether such a measure would be acceptable. That they too should 
have been consulted, as to the time, the place, and the manner of as- 
10 



T68 j 



74 



sembling such a Congress. That they too should have been permitted 
to assist, iu the enumeration of the subjects to which its attention might 
properly be directed; in the adjustmeut of the nature and form of the 
powers 10 be given to the diplomatic agents who were to compose it; 
in the mode of its organization and action; and, above all others, in 
the settlement of the great question, who should be invited to take a 
part in its deliberations. The United States had also a right to ex- 
pect that the result of all such consultations, should be fixed and se- 
cured by solemn pacts and conventions, in which they too should be 
parties. 

Such the committee believe ought to have been, and would have 
been the course pursued by the United States towards the other 
American States, if the project of convening a Congress of American 
nations had occurred to us, as a measure useful and beneficial to the 
American continent; and being never disposed to exact from others 
more respect, than in like circumstances they are willing themselves 
to pay, the United States, in the opinion of this committee, owe it to 
themselves, even if an opinion should he entertained that any thing 
exists, requiring the adoption of such a measure at this time, courte- 
ously to decline the invitation given under the circumstances stated, 
and to institute the proper proceedings necessary to its consummation, 
in the mode which friendship, comity, and deference to others require. 
Such a movement belongs to the. high character which the United 
States enjoy in the estimation of all the world, the merit of which is 
accorded to them by none more willingly than by the new born States 
of this continent; and, if be not now made, the time will go by when 
the position may ever hereafter be properly assumed. 

The Committee would not be understood as suggesting the expedi- 
ency of any such measure at this time. In their opinion, there exists 
no adequate motive to induce its adoption. Every spot known or 
habitable in America, is already appropriated by different nations, 
whose rights of territory all recognize; and, if trifling differences may 
exist between any, upon the subject of mere common boundary, these 
differences constitute fit matter of friendly discussion between them 
alone. The idea of colonization in America, therefore, no longer 
exists; and in the present posture of nations, there is little reason to 
apprehend the wilful encroachment of any, upon the American 
possessions of another. Each passing hour strengthens the just 
claims which the new States of America have preferred, to be recog- 
nized as sovereign and independent, by all other nations: and the 
quit t efflux of time, if it has not already done so, must very soou 
place their sovereignty upon the same basis on which rests that of the 
most ancient nations of the earth. Spain possesses not the ability to 
give any of them cause of serious concern; and enjoying the friend- 
ship and proclaimed Recognition of Great Britain and of the United 
States, there is no sufficient reason to apprehend the interference of 
any European nation in the question and war of their independence. 
Compact. s have beer, already concluded, or are now negotiating, be- 
tween each of the States of this continent, wherein their mutual inter- 



75 [68] 

ests, both general and particular, will be firmly fixed, upon princi- 
ples of theinost perfect justice and liberal equity. And no common 
subject now remains, of sufficient magnitude to require a movement 
so new and important as the assembling of a Congress of all the 
American nations, which cannot but excite suspicion and jealousy in 
the otherlhemisphere, and might so affect injuriously the interests Of 
the new States themselves. 

Should this happy state of things ever change, the lively interest 
which the United States have ever taken in the welfare of these their sis- 
ter sovereignties, ought to be regarded by them as the surest pledge, 
that we cannot be indifferent to any thing that concerns them. An 
eye the most vigilant we shall ever direct to their prosperity; the 
appearance of the first cloud, rising to obscure its light, will be an- 
nounced to them; and the United States will then manifest the deep 
interest which they feel in the elevation and happiness of all the na- 
tions of the new world. 

When such an event shall occur, the United States will probably 
be the first to solicit the assembling a Congress of American States, 
and the invitations which they shall then give to others to be there re- 
presented, will be such as their friendship and respect shall dictate, 
and upon terms which the most fair and liberal principles of policy 
require. The same, this Committee have no doubt, would have been 
the character of the invitation given to the United States, upon this 
occasion, if the new States of America, when they conceived or ma- 
tured the scheme for assembling the Congress at Panama, had enter- 
tained the most remote idea that the United States either would, or 
ought to be there represented. All the conventions concluded be- 
tween these States, however, prove, beyond doubt, that even at the 
date of the most recent of all their compacts, none others were ex- 
pected or desired to be represented at this Congress, but the States 
of America who had formerly been colonies of Spain, and who. were 
then engaged in war with that Power. That the great object of this 
Congress was, to adjust between themselves the most effectual means 
of conducting this war to the most speedy and happy conclusion ; and 
that the presence of no neutral State could, therefore, be anticipated. 

Before they conclude their report, the Committee beg leave to re- 
mark, that the intimation given by the President, in his first message 
to the Senate, that this measure, in which he had thought proper to 
take 110 step, before ascertaining that his opinion of its expediency 
would concur with that of both branches of the Legislature, was, ne- 
vertheless, " deemed by him to be within the constitutional compe- 
tency of the Executive," didyiiot escape their observation. But, as 
the correctness of this opinion, entertained and expressed by the Presi- 
dent, will constitute proper matter for the deliberation and decision of 
the Senate, when they shall enter upon the consideration of a resolu- r 
tion, now lying on their table, and not referred to this Committee, 
they did not believe that they were authorized by the Senate, to con- 
sider this subject. The Committee, therefore, forbear from saying 
any thing in relation thereto. 



[ 68 ] 76 

The Committee feel, most sensibly, the embarrassing situation in 
which they are placed. On the one hand, the duty which they owe to 
themselves, and to the Senate, and to the President, required that they 
should examine fully and freely the measure proposed, and should 
state the reasons that lead to the conclusion, which they felt them- 
selves bound to adopt. On the other, they were well aware, that the 
adoption of this conclusion, and the assignment of the reasons 
which produced it, might contribute not a little to embarrass the Pre- 
sident, whose acceptance of the invitation given, was already an- 
nounced. Placed in this delicate situation, after bestowing upon the 
subject the most mature consideration, believing it to be a sacred du- 
ty which the Senate owed to the sovereign States that they here re- 
present, to exercise the constitutional power conferred upon them, by 
examining, at this time, every feature of this new project, and decid- 
ing upon its expediency or inexpediency, as to them might seem 
right, the Committee could not hesitate to disclose all their views in 
relation to this important matter, in order that these, being fully ex- 
hibited to the Senate, might be, by them, either adopted or corrected. 
The Committee were induced to adopt this course with less reluctance, 
by the assurance given by the President, that, until he could be aid- 
ed by the advice and consent of the Senate, he would take no step 
to carry the measure which he had proposed, into effect. Most 
willingly would the Committee recommend to the Senate to abstain 
from pronouncing any opinion upon this now delicate subject, if they 
could permit themselves to propose to this body a dereliction of its 
bounden duty, or the adoption of any course, .that might lead it to 
shrink from its high responsibility. But, convinced that the Senate 
had the right, and were bound to decide directly, upon the ex- 
pediency of this new scheme, without limiting their decision to the 
mere nominations incidentally connected with it; and convinced that 
the project itself, viewed in any light, was highly inexpedient, at this 
time; the Committee thought it better to exhibit these their views, and to 
advise the expression of the opinion of the Senate in relation thereto, 
in the first instance. Abstaining, therefore, from any remark, at 
present, as to the nominations to them referred, the Committee re- 
commend to the Senate, the adoption of the following resolution: 

Resolved/That it is not expedient, at this time, for the United States 
to send any Ministers to the Congress of American nations, assem- 
bled at Panama. 

The report and resolution were read. 
On motion by Mr. Macon, 

Ordered, That the report, with the documents accompanying the 
message of the 10th instant, be printed, in confidence, for the use of 
the members. 

TUESDAY, January &4th, 1826. 

The Senate proceeded to consider the resolution, reported by the 



77 [68 J 

Committee oh Foreign Relations, in relation to the expediency of 
sending Ministers to the Congress at Panama : And^ 

Ordered, That the further consideration thereof, be postponed to, 
and made the order of the day for, Wednesday, the 1st of February, 

MONDAY, January 30th, 1826. 

On motion by Mr. Van Buren, 
Resolved, That the President of the United States be requested to 
inform the Senate, whether tbe Government of Spain has been in- 
formed of the application, made by our Government, for the inter- 
vention of the Emperor of Russia, to induce Spain to recognize the 
independence of the South American States ; and to lay before the 
Senate the correspondence, if any has taken place, between our 
Minister at Madrid, and the Spanish Government; and, also, between 
such Ministers and our own Government, on the subject of such in- 
tervention and recognition. . 

MONDAY, February, 2d, 1826. 

The following message was received from the President of the 
United States, by Mr. John Adams, Jr. 

To the Senate of the United States. 

Washington, 1st February, 1826. 

In compliance with a resolution of the Senate, of the 30th ultimo, 
I communicate, herewith, in confidence, a report from the Secretary 
of State, with the documents containing the information desired by 
the resolution. 

JOHN QUINCY ADAMS. 



The Secretary of State, to whom the President has referred the 
resolution of the Senate, of the 30th January, 1826, requesting 
him to inform the Senate whether the Government of Spain has 
been informed of the application made by our Government for the in- 
tervention of the Emperor of Russia, to induce Spain to recognize 
the independence of the South American States, and to lay before the 
Senate the oorrespon deuce, if any has taken place, between our Min- 
ister at Madrid and the Spanish Government, and also between such 
Minister and eur Government, on the subject of such intervention 
and recognition, has the honor to report, 

An extract ©fa letter from this Department, to Mr. Everett, dated 
Department of State, 27th April, 1825. 

An extract from the notes of a conversation between Mr. Everett 
and Mr. Zea, communicated with a despatch from Mr. Everett to 
this Department, dated 25th September, 1825. 



[ 68 ] 78 

An extract of a despatch from Mr. Everett, to this Department 
ofthe£0th October, 1825. 

All which is respectfully submitted, 

H. CLAY. 



Extract of a letter from Mr. Clay to Mr. Everett, dated "Department 
of State, 9.7th Jlpril, 1825. 

" Besides the preceding objects to which your attention will be di- 
rected, others of great inter st will also ciaim^t. Of these, that of 
the highest importance, is the present war between Spain and her 
former colonies, oh this Continent. The President wishes you to 
bring this subject, in the most conciliating manner possible, before 
the Spanish Government. It would be as unnecessary as unprofita- 
ble, to look to the past, except for the purpose of guiding future con- 
duct. True wisdom dictates that Spain, without indulging in una- 
vailing regrets, on account of what she has irretrievably lost, should 
employ the means of retaining what she may yet preserve from the 
\vreck of her former possessions. The war upon the Continent is, in 
fact, at an end. Not a solitary foot of land from the Western limit 
of the United States to Cape Horn owns her sway; not a bayonet in 
all that vast extent, remains to sustain her cause. And the Penin- 
sula is utterly incompetent to replace those armies which have been 
vanquished and annihilated by the victorious forces of the New Re- 
publics. What possible object, then, can remain to Spain to protract 
a war which she can no longer maintain, and to the conclusion of 
which, in form, there is only wanting the recognition of the New 
Governments, by treaties of peace ? If there were left the most dis- 
tant prospect of her reconquering her Continental Provinces, which 
have achieved their independence, there might be a motive for her per- 
severance. But every expectation of such reconquest. it is manifest, 
must be perfectly chimerical. If she can entertain no rational hope 
to recover what has been forced from her grasp, is there not great 
danger of her losing what she yet but feebly holds ? It should be 
borne in mind that the armies of the New States, flushed with victo- 
ry, have no longer employment on the Continent : and yet, whilst the 
war continues, if it be only in name, they cannot be disbanded, 
Without a disregard of all the maxims of just precaution. To what 
object, then, will the New Republics direct their powerful and victo- 
rious armies? They have a common interest and a common enemy, 
and let it be supposed that that enemy, weak and exhausted as he is, 
refuses to make peace, will they not strike wherever they can reach? 
and from the proximity and great value of Cuba and Porto Rico, is 
it not to be anticipated that they will aim, and aim a successful blow 
too, at those Spanish Islands? Whilst they would operate from with- 
out, means would, doubtless, he, at the same time, employed to stimu- 
late the population within to a revolt. And that the disposition exists 



79 [ 68 ] 

among the inhabitants, to a considerable extent, to throw oft' the Spa- 
nish authority, is well known. It is due to the United Stales to de- 
clare, that they have constantly declined to give any countenance to 
that disposition. 

It is not, then, fur the new r republics, that the President wishes you 
to urge upon Spain the expediency of concluding the war. Their in- 
terest is probably on the side of its continuance, if any nation can 
ever have an interest in a state of war. But. it is for Spain herself, 
for the cause of humanity, for the general repose of the world, that 
you are required, with all the delicacy which belongs to the subject, 
to use every topic of persuasion, to impress upon the councils of 
Spain ihe propriety, by a formal pacification, o£ terminating the war. 
And as the views and policy of the United States in regard to those 
islands, may possibly have some influence, you are authorized, frank- 
ly and fully, to disclose them. The United States are satisfied with 
the present condition of those Islands, in the hands of Spain, and 
with their ports open to our commerce, as they are now open. This 
Government desires no political change of that condition. The popu- 
lation, itself, of the islands, is incompetent at present, from its com- 
position and its amount, to maintain self government. The maritime 
force of the neighboring Republics of Mexico and Colombia is not, 
now, nor is it likely shortly to be, adequate to the protection of those 
islands, if the conquest of them were effected. The United States 
would entertain constant apprehension of their passing from their 
possession to that of some less friendly sovereignty: And of all 
the European Powers, this country prefers that Cuba and Porto 
Rico should remain dependent on Spain. If the war should con- 
tinue between Spain and the new Republics, and those islands 
should become the object and the theatre of it, their fortunes have 
such a connection with the prosperity of the United States, that 
they could not be indifferent spectators: and the possible contingen- 
cies of such a protracted war might bring upon the Government of 
the United States duties and obligations, the performance of which, 
however painful it should be, they might not be at liberty to decline. 
A subsidiary consideration in favor of peace, deserving some weight, 
is, that as the war has been the parent cause of the shocking piracies 
in the West Indies, its termination would be, probably, followed by 
their cessation: And thus the Government of Spain, by one act, 
would fulfil the double obligation, under which it lies, to foreign 
Governments, of repressing enormities, the perpetrators of which 
find refuge, if not succor, in Spanish territory: and that to the Span- 
ish nation, itself, of promoting its real interests. 



Extract from the notes of a conversation between Mr. Everett and Mr. 
Zed, communicated with a despatch, No. 7, from Mr. Everett to Mr. 
Clay, dated "Madrid, September 25th, 1825. 

"In the course of this conversation upon matters, touching so near- 
ly the independence of the colonies, there were of course frequent op- 



[ 68 ] 80 

portunities of alluding to that question, and the minister seemed ta 
i'eelno delicacy or reserve in expressing his sentiments upon it. He 
remarked, repeatedly, that the King would never abandon his claim to 
these his ancient and rightful possessions; that the cause was a good 
one: and that, however, unfavorable their prospect might appear at 
present, they had a right to suppose that They should, in the end, suc- 
ceed: that we had seen, of late, revolutions in political affairs at least 
as violent as this would he : for example, the overthrow of Bonaparte, 
and the restoration of Louis the XVIII to the throne of his ancestors; 
that the party in the colonies in favor of independence, though domi- 
nant, and apparently unresisted, was not in reality so strong as was 
generally supposed; that it consisted of a busy and active, but in re- 
ality feeble minority; that the mass of the good citizens, constituting 
a great majority of the population, were in favor of the King, and 
were only waiting for some suitable occasion to come out in their 
strength, and to put down the insurgents, and. finally, that the cause 
being a just one, they had a right to suppose, that they should be as- 
sisted, sooner or later, by an interference of Providence. 

I did not think it necessary to enter very fully into the argument 
with Mr. Zea. 

I said to him, however, that I regretted to hear from him so deci- 
sive a declaration of the King's resolution not to acknowledge the 
new States; that my Government had hoped that the battle of Ayacu- 
cho, and the recognition of England, would have been considered by 
His Majesty as settling the question, and that he would have been in- 
duced to put an end to the violent state of things now existing, which 
was more or less injurious to all christian nations; that enlightened 
men of all classes, parties, and opinions, in most of the civilized coun- 
tries of Europe, and in the United States, were now satisfied that 
Spain could never recover her authority over the colonies. As a single 
instance, I mentioned to him the opinion of the Bishop of Hermopo- 
lis, minister of church affairs in France, and well known, throughout 
Europe, as one of the ablest and most decided adherents of the anti- 
liberal sect, whom I had seen at Paris on my way, and who had told 
me, expressly, that they regarded the affair of South America as 
settled. 

To tiiis lie made answer, that the Bishop had also, in the time of 
Bonaparte, despaired of the possibility of the King's restoration, and 
that he might be as much in the wrong now, as he was then. Ire- 
marked that there were evident symptoms in the proceedings of the 
French Government, of an intention to recognize the new States at no 
very distant period. He said that France had hitherto stood by them 
faithfully in all their troubles; that he could not say how long she would 
he true to them, but should she even desert them, the King would still 
adhere firmly to his principles: that the standing and invariable rule 
of conduct observed by His Majesty upon all occasions, was that of 
strict justice: that he made no concessions to expediency, acknow- 
ledged no distinction between politics and morals, and was prepared 
to sacrifice cxe.vy thing rather than surrender what hcknew i << b« 



81 [ 68 ] 

his right. He then recurred to his favorite example of Louis the XVI 1 1, 
said that they were by no means reduced to so low point as he had 
been: that he too, often had been solicited to abandon his claims to 
the French Throne; but that, by firmly rejecting all such propositions; 
and tenaciously adhering to his purpose, he had finally succeeded in 
recovering every thing. 

It struck me that the example of Bonaparte, who had lost all by 
obstinately refusing to make a timely surrender of a part, would have 
been rather more to the point, but I did not think it worth while to 
press this subject at present. I told him that I was not called upon 
to advise his Majesty's ministers upon this or any other question, and 
that what I had said, had been thrown out incidentally in reply to 
his remarks." 



No. 10. 

Extract of a letter from Mr Everett to the Secretary of State, dated 
Madrid, October 2.0th, 1825. 

(t It was reported here very confidently, ? few days ago, that the 
new Consulative Junta, or Council ot Government, was occupied in 
preparing the way for an arrangement with the South American 
States. Upon tracing this rumor to its origin, I found that it arose 
from the fact that the council had deputed some of its members to con- 
fer with two Spanish officers who lately arrived from South America, 
by way of the Havanna and New York, and are the same that were 
sent out by the Constitutional Government to Buenos Ayres, as Com- 
missioners. They landed at Bordeaux from New York, and came 
on immediately to this place, remained here about three weeks, dur- 
ing which time they had occasional conferences with members of the 
council, and afterwards proceeded to Cadiz. These facts being 
known, and it being also understood that the council had been request, 
ed by the minister to give their opinion upon the measures proper to 
be taken, in regard to the colonies, it was natural enough to draw the 
conclusion, that the conferences in question had some connexion with 
this subject, and that the persons with whom they were held, might, 
perhaps, have gone to Cadiz, on their way to America, as private 
agents of the Government. Another, and a more probable construc- 
tion of the fact, would be, that the council had no other object in con- 
ferring with these gentlemen, than to obtain information respecting the 
state of the colonies. 

About the time when this report was hi circulation, I went to the 
Escurial. in order to be present at the celebration of the king's birth 
day, and when there, had, of course, frequent opportunities of seeing 
the minister. In one of the conversations which I had with him, I 
inquired of him what foundation there was for this rumor, and whe- 
ther there was any change of policy contemplated, in regard to the 
11 



[ 68 ] 82 

American States. To this question, he replied most decidedly in the 
negative, and entered anew, and very readily, at great length, into an 
exposition of the intentions of the Government, repeating in sub- 
stance the same remarks which he had made to me at San Ildefonso. 
He declared that the king would never abandon his rights: that it was 
a matter of conscience with hi in to transmit his hereditary posses- 
sions to his successors; that the Royalist cause was not so desperate 
as we supposed; that there were even now, symptoms of a return of these 
provinces to their ancient loyalty; and that such an event would not 
be at all strange, considering what violent and sudden revolutions 
have been constantly occurring, during the last thirty years. From 
all that he said upon the subject, I was quite satisfied that the reports 
of an intended arrangement were entirely groundless, and that the 
detention and examination of the above mentioned officers, were mere- 
ly for the purpose of obtaining information as to facts. 

The tone and manner of the minister, during this conversation, were 
such as to induce me to doubt the correctness of the opinion which I had 
entertained and expressed to you, as to his private sentiments upon this 
subject. He spoke with so much decision and apparent openness, of 
the probability of reconquering the colonics, that I found myself bound 
to give him credit for his sincerity, at the expense of his sagacity and 
good sense. He inquired of me at this time, whether I had any 
knowledge of the communications that had lately been made by my 
Government upon that subject, to the Emperor of Russia. I replied 
in the affirmative, and he then said that he had received the day 
before, for the first time, upon his return to the Escurial, from Ma- 
drid, an intimation, (probably from one of the ministers abroad,) that 
some overtures had been made in that quarter, and requested me to 
give him such information respecting them, as I, might think it pro- 
per to communicate. I was not quite so fully prepared upon this sub- 
ject myself, as I could have wished, not having obtained any answer 
from Mr. King, to the request which I made him, for a copy of the 
instructions to Mr. Middleton, probably because he has had no good pri- 
vate occasion to send it. I however, told him, that my Government 
made no secret of their policy, in regard to this business, and that I 
had no objection to inform him that our minister at St. Petersburg, 
had been directed to express to the Emperor their full conviction that 
the contest between Spain and the colonies must be considered as final- 
ly settled in favor of the latter party; their persuasion that the interest 
of Spain, and the general good of the civilized world, would be pro- 
moted, by the early acquiescence of His Catholic Majesty in this re- 
suit, and their wish, that the Emperor, should he also entertain these 
opinions, would unite with them in advising and requesting the Spanish 
Government to put an end to the war, by an acknowledgment of the 
independence of the colonies. I took this opportunity of informing the 
minister, more precisely than I had done before, that what I had al- 
ready suggested to him in favor of this measure, must be considered 
as expressing the wishes and policy of my Government, and not my 
own individual sentiments, which I should not, of course, think of in- 
truding upon His Majesty's cabinet. I told him that I was formally 



88 [68] 

instructed to avail myself of any suitable occasion, to suggest to him, 
with the delicacy required by the nature of the subject, the earnest de- 
sire of the Government of the United States, to see this long struggle 
brought to an amicable conclusion, and their complete conviction that 
all further efforts on the part of Spain, to recover the colonies, must be 
wholly fruitless, and more injurious to herself, than to them. 

Mr. Zea seemed to be a good deal struck with these remarks, and I 
was inclined to suppose, from his manner, that he had considered 
what I had said to him before, upon the subject, as a merely personal 
communication. He replied, that these proceedings of the Govern- 
ment of the United States placed him under the necessity of declaring, 
in the most positive manner, the King's unalterable resolution never 
to abandon his rights, and to reject all offers of mediation, or of ami- 
cable intervention, which should contemplate an acknowledgment of 
the independence ot the new States. He said that they were, and al- 
ways had been, ready and willing to accept any proposal for media- 
tion, or to treat directly with the colonies, upon the basis of their pre- 
vious submission to the King's sovereign power; but that they would 
never consent to negotiate in any way, upon any other terms; that 
the King, being once satisfied on this head, would doubtless be dis- 
posed to grant his subjects in America every favor and indulgence 
which they could possibly wish, but that they must begin by proving 
their loyalty, and their confidence in His Majesty's justice and good 
intentions. He wondered, that among the offers of mediation that 
had been made from time to time, especially by England, none had 
ever been proposed upon this basis. 1 told him that the reason pro- 
bably was, that the British Government, as well as that of the United 
States, considered the independence of the new States as now firmly 
established, and were well aware that they would never treat upon 
any other terms than an acknowledgment of it, by Spain. I added, 
however, that I should be well pleased to know, if he were disposed 
to inform me, what concessions the King would be willing to grant 
to the Americans, in the event of their return to their allegiance : as, 
for example, whether he would allow them to make their own laws, 
in legislative assemblies of their own choice? My object in asking 
this question, was, of course, merely to obtain a more complete view 
of the intentions and dispositions of the Government upon the whole 
subject. He replied, that, as to legislative assemblies, he was far 
from being satisfied that they would suit the condition of the colonies, 
and that, in general, he thought the only safe course for the Ameri- 
cans would be to trust entirely and implicitly to the King's known 
good character. I should have thought from this answer, that my 
question did not make a very favorable impression upon him. At the 
close, however, of the conversation, he recurred to it in such a way 
as induced me to think that he would have been glad to consider it as 
an indirect overture from some of the colonies. He said, after I 
arose to go. that the conversation had turned upon a number of deli- 
cate and interesting topics; that on such occasions it was not always 
possible to distinguish between remarks that were merely of a private 



[ 68 ] 84 

and personal description, and such as were official; and that, in order 
to avoid mistakes upon that point, he should be glad if I would state, 
in writing what my instructions required me to communicate to him 
as the opinions and intentions of the Government, and especially any 
propositions that I might he authorized to make, in the nature of an 
overture from the colonies, founded on the basis of submission. I 
told him, that I had no authority, from any quarter, to make propo- 
sitions of that description; but that I would, with pleasure, if he wish- 
ed it, give him an official statement of what I had said to him, by 
older of my Government, in favor of the acknowledgment of the in- 
dependence of the new States. He replied, that he was ready to re- 
ceive any note that I might send him: but that, on that head. the King's 
mind was completely made up, beyond the possibility of change. Not- 
withstanding this, I have thoughts of preparing and transmitting to 
the Minister a pretty detailed communication upon this subject. Such 
a paper, if it does not produce much immediate effect upon the Span- 
ish Cabinet, may, perhaps, in one way or another, have a favorable 
bearing on the general question. 

Previously to this interview with Mr. Zea, I had availed myself of 
such occasions as offered, to converse npon the same subject with the 
British and Russian Ministers. The former is Mr. Frederick Lamb, 
brother of Lord Melbourne, a gentleman of about forty-five years of 
age, regularly trained to the diplomatic line and apparently well fit- 
ted for it by his talents and information. The latter is Mr D-Oubiil, 
who has also passed his life in the employment of a foreign Minister, 
and has now reached the age of about sixty. He seems to enjoy the 
confidence of his Government, and last year took the place of Count 
Nesselrodc, as Minister of Foreign Affairs, during an absence of the 
latter from St. Petersburgh, which lasted several months. Both these 
gentlemen have shown, since my arrival here, every disposition to be 
on friendly terms with me. and have plainly manifested, by their at- 
tentions, the high esteem in which they hold the American nation and 
character. Mr. D'Oubril, in particular, has been more civil than 
any other of the diplomatic body with whom I was not previously 
acquainted. 

Mr. Lamb's sentiments in regard to the South American question, 
are. of course, precisely the same with ours. I was desirous to ascer- 
tain whether the British Government had lately made any attempts 
to urge Spain to a recognition of the vew States, and questioned Mr. 
Lamb upon this point. He said he had had one or two conversations 
with Mr- Zea soon after his arrival, (he has been here about five 
months.) and stated the substance of what had passed between them. 
The Minister, it seems, gave to him the same answer which he has 
since given to me, and cited, to illustrate his argument, the same exam- 
ples of Louis XVIII and Bonaparte. No offer of formal mediation has 
been made by England since her recognition. Indeed her interest as 
a commercial and manufacturing country, is now on the other side. 
The longer the war continues, the longer she enjoys a monopoly of 
the Spanish American market for her fabrics, anil the more difficult 



85 [68] 

will Spain find it to recover her natural advantages upon the return 
of peace. England will, therefore, probably be very easy in regard 
to chis matter, and will leave Spain to pursue, unmolested, the course 
she may think expedient. I suggested this point botli to Mr. Zea 
and to the Russian Minister, and was inclined to think, from what 
they said of it, that it had more weight with them, than any other 
consideration in favor of recognition. They both admitted the justice 
of my remarks, and the great inconvenience that resulted in this way 
fiom the present state of things, and could only avoid the proper con- 
clusion, by reverting to their common places, of the probability of a 
return of the Colonies to their allegiance, which they really seem to 
imagine will come about sooner or later, without any effort on the part 
of either Spain or her allies, and by the aid of some unlooked-for in- 
tervention of Divine Providence. I learned nothing material from 
Mr. L. excepting the fact that the British Government is now quiet 
in regard to this matter, and makes no attempts to influence the 
decision of Spain. He professed to have but little information 
as to the state of the Spanish settlements in America, and having 
passed the greater part of his life, including the last eight or ten years, 
on the Continent, has been, in fact, rather out of the way of obtain- 
ing it. 

Mr. D'Oubril was somewhat guarded in his language, and did not 
seem quite willing to admit that it was the decided intention of the 
Emperor to encourage Spain in her present system. He said that, 
individually, he did not by any means take the same view of the sub- 
ject which the Spanish Government did, and yet, that he w r as not 
completely satisfied that an immediate recognition was the true policy. 
He cited, in his turn, the old instance of Louis XVIII, and Buona- 
parte, and was far from being sure that the internal divisions which 
did, or would distract the colonies, might jiot bring them again under 
the Spanish Government. He was aware, nevertheless, that Spain 
was daily and yearly suffering great injury from the effects of the 
present system, and that, by continuing it, she would probably lose 
her remaining possessions in America, and her chance of ever obtain- 
ing a due share in the trade with that continent, besides endangering 
her national existence at home. This was making out a pretty strong 
case in favor of recognition, but he still returned to his former text, 
that he considered the question as extremely doubtful. In all that he 
said upon it, he professed to declare merely his own personal opinions 
and feelings, and, if I recollect right, did not say directly what lan- 
guage he was ordered to hold in his communications with this Go- 
vernment. It is understood, however, that the influence of the Em- 
peror has been employed in support of the present system; and the 
general impression which I received from his remarks, coincided with 
this opinion. Mr. D'Oubril's private sentiments may possibly be dif- 
ferent. Both he and Mr. L. inquired of me respecting the late over- 
tures made by the President's order at St. Petersburg, and appeared 
to have some, though not a very minute acquaintance with the lan- 
guage of your instructions to Mr. Middleton. The representatives 



[ 68 ] 86 

of France, Holland, Sweden, Saxony, and Prussia, with whom I 
have had more or less conversation upon this subject, have all ex- 
pressed themselves strongly in opposition to the policy of Spain. 
Even the Pope's Nuncio, and the Ambassador from Naples, seem to 
be of the American party. The French, I suspect, are making pretty 
strong efforts in favor of the new States, but, on this point, I have at 
present, no very precise information." 

The message and accompanying documents, were read. 
Ordered, That they be printed, in confidence, for the use of the 
members. 

MONDAY, February 6th, 1826. 

Agreeably to the order of the day, the Senate resumed the consi- 
deration of the resolution reported by the Committee on Foreign Re- 
lations, relative to the expediency of sending Ministers to the Con- 
gress at Panama. 

On motion by Mr. White, 

That the resolution lie on the table, 

It was determined in the affirmative — yeas 23, nays 22. 
On motion by Mr. Harrison, 

The yeas and nays being desired by one-fifth of the Senators 
present: 

Those who voted in the affirmative, are, 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dicker- 
son, Eaton, Ellis, Findlay, Hayr.e, Holmes, Johnson, Ky. Kane, 
King, Macon, Randolph, Rowan, Smith, Tazewell, Van Buren, 
White, Williams, Woodbury — 23. 

Those who voted in the negative, are, 

Messrs. Barton, Bell, Bouligny, Chase, Clayton, Edwards, Har- 
bison, Hendricks, Johnston, Louis. Knight, Lloyd, Mcllvaine, Marks, 
Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Thomas, Van 
Dyke, Willey— 22. 

THURSDAY, February 9th, 1626. 

On motion by Mr. Mills, 
That the Senate resume the consideration of the resolution, report- 
ed by the Committee on Foreign Relations, relative to the expedien- 
cy of sending Ministers to the Congress at Panama. 
A debate ensued ; and 

On motion by Mr Lloyd, 
The Senate adjourned. 



WEDNESDAY, February \5th, 1826. 

> had leave to withdraw the motion submitte 
t the Senate resume the consideration of tl . 

relative to the expediency of sending Ministers to the Congress at 

Panama. 



Mr. Mills had leave to withdraw the motion submitted on the 9th 
instant, that the Senate resume the consideration of the resolution 



87 [ 68 ] 

Mr. Van Buren submitted the following resolutions : 

Resolved, l'hat, upon the question whether the United States shall 
be represented in the Congress of Panama, the Senate ought to act 
•with open doors, unless it shall appear that the publication of docu- 
ments, necessary to be referred to in debate, will be prejudicial to ex- 
isting negotiations. 

Resolved. That the President be respectfully requested to inform 
the Senate, whether such objection exists to the publication of the 
documents communicated by the Executive, or any portion of them : 
and, if so, to specify the parts, the publication of which would, for 
that reason, be objectionable. 

On the question to agree thereto, 

It was determined in the affirmative — yeas 23, nays 20. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative, are, 

Messrs. Benton, Berrien. Branch, Chandler, Cobb, Dickerson, 
Eaton, Ellis, Harrison, Havne, Hendricks, Holmes, Johnson Ky. 
Kane, King, Macon, Randolph, Rowan, Ruggles, Van Buren, 
White, Williams, Woodbury. 

Those who voted in the negative, are, 

Messrs. Barton, Bell, Bouiigny, Chase, Clayton, Edwards, 
Findlay, Johnston Lou. Knight, Lloyd, Mcllvaine, Marks, Mills, 
Noble, Robbins, Sanford, Seymour, Thomas, Van Dyke, Willey. 

Ordered, That the Secretary lay the said resolutions before the Pre- 
sident of the United States. 

FRIDAY, February 17, 1826. 

The following message was received from the President of the 
United States, by Mr. John Adams, Jr. 

Washington, 16th Fgbmary, 1826. 

To the Senate of the United States: 

In answer to the two resolutions of the Senate, of the 15th instant, 
marked (Executive,) and which I have received, I state, respectfully, 
that all the communications from me to the Senate, relating to the 
Congress at Panama, have been made, like all other communications 
upon Executive business, in confidence, and most of them in compliance 
with a resolution of the Senate requesting them confidentially. Be- 
lieving that the established usage of free confidential communications, 
between the Executive and the Senate, ought, for the public interest, 
to be preserved unimpaired, I deem it my indispensable duty to leave 
to the Senate itself the decision of a question, involving a departure, 
hitherto, so far as I am informed, without example, from that usage, 
and upon the motives for which, not being informed of them, I do not 
feel myself competent to decide. 

JOHN QUINCY ADAMS. 



[68] 88 * 

The message was read. 

On motion, by Mr. Van Buren, 

Ordered, That the said message, with the resolutions therein re- 
ferred to, be printed, in confidence, for the u >e of* the Senate. 

Mr. Berrien submitted the following motion: 

Resolved, That the communication of the President of the United 
States, in answer to the resolutions of the Senate of the 151h instant, 
and the said resolutions be referred to a Select Committee, with in- 
structions to report what is the usage of the Senate in relation to ihe 
publication of Executive communications, and the documents accom- 
panying surh communications : And that they he further instructed 
to report whether the publication of the documents necessary to be 
referred to in debate, on the report of the Committee on Foreign 
Relations on the message of the President of the United States, no- 
minating Ministers to the Congress at Panama, will be prejudicial to 
existing negotiations- am! to specify the parts, if any, the publication 
of which will be so prejudicial. 

The Senate proceeded to consider the motion. 
On motion by Mr. Noble, 

It was agreed, that when the question be taken, it be by yeas and 
nays. 

On motion, by Mr. Sanford, 

The Senate adjourned. 

MONDAY, February 20, 1826. 

The Senate resumed the consideration of the motion submitted on 
the 17th instant, by Mr. Berrien, and 
On his motion, 

Ordered, That it lie on the table. 

Mr. Rowan submitted the following motion : 

Resolved, That it is the unquestionable right of the Senate to call, 
in respectful terms, upon the President of the United States, for such 
information as may be in his possession, and which the Senate deem 
necessary to the faithful discharge of the duties imposed upon it by the 
Constitution: and, more especially, the duties resulting from matters 
which the Constitution makes it the duty of the President to submit to 
the Senate, for their advice and consent. 

Resolved. That the two following resolutions, of the 15th instant, 
viz: 'Resolved, That, upon the question whether the United States 
•< shall be represented in the Congress of Panama, the Senate ought to 
" act with open doors; unless it shall appear that the publication ofdo- 
" cuments, necessary to be referred to in debate, will he prejudicial to 
" existing negotiations.' 'Resolved, That the President be respect- 
" fully requested to inform the Senate, whether such objection exists 
«< to the publication of the documents communicated by the Executive, 
"or any portion of them; and, if so, to specify the parts, the publica- 
tion of which would, for that reason, be objectionable :'* — requested 
information in the possession of the Executive, and in his possession 



89 [68] 

only, which the Senate deemed important to guide its decision on a 
Subject within the scope of its advising powers, and deeply interesting 
to the States, and to the People of this Union. 

Resolved, That the Senate regret that they do not perceive, in the 
President's message of the 17th, either a compliance with the call, 
made by its resolutions of the 15th instant, or the assignment of any 
reason for withholding the same. Therefore, 

Resolved, That the Senate cannot, consistently with a proper regard 
for its constitutional rights, nor without a manifest dereliction of the 
duties winch it owes to the States and the People of the United States, 
proceed further to consider the subject, in any aspect of it. to which the 
call upon the President for information relates, until be shall have af- 
forded the information, or assigned some satisfactory reason for with- 
holding it. 

The Senate proceeded to consider the motion. 

Mr. Holmes proposed the following amendment: 

Strike out the two last resolutions, and insert the following; 

Resolved, That, as the Senate have not been able to learn from the . 
President, whether the publication of the documents, in relation to the 
proposed mission to the Congress at Panama, would affect any pending 
negotiations, it is expedient to proceed to the discussion of the subject 
of that mission with closed doors. 
On motion, by Mr. Smith, 

The Senate adjourned. 

TUESDAY, February 21, 1826. 

The Senate resumed the consideration of the motion submitted, yes- 
terday, by Mr. Rowan, together with the amendment proposed by Mr. 
Holmes. 

Mr. Holmes had leave to withdraw his amendment. 
On motion, by Mr. Haync, 

The Senate adjourned. 

WEDNESDAY, February 22, 1826. 

The Senate resumed, the consideration of the motion submitted by 
Mr. Rowan, on the £Oth instant: and the same having been modified 
at the instance of Mr. Woodbury, as follows: 

Resolved, That it is the unquestionable right of the Senate to call, 
tn respectful terms, upon the President of the United States, for such 
information as may be in his possession, and which the Senate deem 
necessary to the faithful discharge of the duties imposed upon it by 
the Constitution: and, more especially, the duties resulting from mat- 
ters which the Constitution makes it the duty of the President to sub- 
mit to the Senate, for its advice and consent. 

Resolved, That the two following resolutions, of the 15th instant, 
viz: " Resolved, That, upon the question whether the United States 
" shall be represented in the Congress of Panama, the Senate 
12 



[ 68 ] 90 

«« ought to act with open doors; unless it shall appear that the pobli- 
'* ration of documents necessary to be referred to in debate, will he 
*« prejudicial to existing negotiations " * 4 Resolved That the Presi- 
" dent he respectfully requested to inform the Senate, whether such 
" objection exists to the publication of the documents communicated 
" by the Executive, or any portion of them; and, if so, to specify 
" the parts, the publication of which would, for that reason, be ob- 
jectionable:" — requested information in the possession of the Ex- 
ecutive, and in his possession only, which the Senate deemed impor- 
tant to guide its decision on a subject within the scope of its advising 
powers, and deeply interesting to the States, and to the People of 
this Union. 

Resolved, That the message of the President, in the following 
words, viz: " In answer to the two resolutions of the Senate of the 
« 15th instant, marked (Executive.) and which I have received, I 
" state, respectfully, that all the communications from me to the Se- 
" nate, relating to the Congress at Panama, have been made, like all 
*' other communications upon Executive business, in confidence, and 
*' most of them in compliance with a resolution of the Senate requcst- 
" ing them confidentially. Believing that the established usage of 
" free confidential communications, between the Executive and the 
ii Senate, ought, for the public interest, to be preserved unimpaired, 
" I deem it my indispensable duty to leave to the Senate itself the de- 
'« cision of a question, involving a departure, hitherto, so far as I am 
" informed, without example, from that usage, and upon the motives 
** for which, not being informed of them, I do not feel myself com- 
" petent to decide'' — does not give to the Senate the information re- 
quested, " whether the publication of the documents,'' or " any por- 
tion of them," communicated by the Executive, as to the mission to 
Panama, "would he prejudicial to existing negotiations." 

Resolved. That the Senate has the sole right, in all cases, to deter- 
mine what shall be the "rules of its proceedings;" and that the Pre- 
sident cannot interfere with the same, without violating the constitu- 
tional privileges of the Senate. 

Resolved, That the Senate has the sole right to determine, what arc 
its existing " rules of proceedings," whether founded on '* usage" or 
positive written regulations — and that the President cannot officially 
decide what those rules are, or whether any proposed mode of acting, 
is a '* departure" from them "without example." or whether it be 
essential to the M public interest," that some supposed " usage" of 
the Senate should be *.* preserved unimpaired." 

Resolved, That it is not competent for the President, on a call from 
the Senate, to decline giving information, whether " the publication 
of documents necessary to be referred to in debate, will be prejudi- 
cial to existing negotiations." on the ground that he disapproves of 
the mode of proceeding, which the Senate proposes to follow, on the 
Subject to which those documents relate. 

On motion, by Mr. Barton, to postpone the same indefinitely, a 
division of the question was called for. 



91 [ 68 ] 

On the question to postpone indefinitely the Jirst resolution — 
It was decided in the affirmative — yeas 24, nays 20. 
On motion, by Mr. Cobb, 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, 
- Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey — 24. 

Those who voted in the negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb. Dickerson, 
Eaton. Ellis. Findlay, Hayne, Johnson, of Ky. Kane, King, Ma- 
con, Randolph, Rowan, Van Buren, White, Williams, Wood- 
bury — 20. 

On the question to postpone, indefinitely, the second resolution, it 
was determined in the affirmative — yeas 24, nays 20. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative are — 

Messrs. Barton. Bell Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks. Holmes, Johnston, of Lou Knight, 
Lloyd, Marks Mills, Noble, Robbins, Ruggles, Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey.— 24. 

Those who voted in the negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, 
Randolph, Rowan, Van Buren, White, Williams. Woodbury. — 20. 

On the question to postpone indefinitely the third resolution, it was 
determined in the affirmative — yeas 24, nays 20. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks. Holmes. Johnston, of Lou. Knight, 
Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey.— 24. 

Those who voted in the negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Ellis, Findlay, Hayne, Johnson, of Ky. Kane, King, Macon,; 
Randolph, Rowan, Van Buren, White, Williams, Woodbury 20* 

On the question to postpone, indefinitely, the fourth resolution, 

It was determined in the affirmative — yeas 24, nays 20. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Holmes, Johnston, of Lou. Knight, 
Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford. Seymour, 
Smith, Thomas, Van Dyke, Willey — 24. 



[ 68 ] 92 

Those who voted in the negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickersy^ 
Eaton, Ellis. Findlay, Hayne, Johnson, of Ky. Kane, King, Macon, 
Randolph, Rowan, Van Buren, White, Williams, Woodbury. — 20. 

On the question to postpone, indefinitely, the fifth resolution, 

It was determined in the affirmative, yeas 24, nays 20. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative arc — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Holmes. Johnston of Lou. Knight, 
Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey— 24. 

Those who voted in the. negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Ellis, Findlay, Hayne, Johnson of Ken. Kane, King, Macon, 
Randolph, Rowan, Van Buren, White, Williams, Woodbury — 20. 

On the question to postpone, indefinitely, the sixth resolution, 

It was determined in the affirmative — yeas 24, nays 20. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Holmes, Johnston of Lou. Knight, 
Lloyd, Marks, Mills, Noble, Robbins, Ruggles. Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey — 24. 

Those who voted in the negative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Ellis, Findlay, Hayne, Johnson of Ken. Kane, King, Macon, 
Randolph, Rowan. Van Buren, White, Williams, Woodbury — 20. 

Mr. Holmes submitted the following motion : 

Resolved, That the Senate having, on the 15th day of February, 
passed the following resolutions : 

''Resolved, That, upon the question whether the United States shall 
he represented in the Congress of Panama, the Senate ought to act 
with open doors; unless it shall appear that the publication of docu- 
ments, necessary to be referred to in debate, will be prejudicial to ex- 
isting negotiations. 

"Resolved, That the President be respectfully requested to inform 
the Senate whether such objection exists to the publication of the do- 
cuments communicated by the Executive or any portion of them; and, 
if so, to specify the parts, the publication of which would, for that 
reason, be objectionable." 

To which the President returned the following message in an- 
swer, viz : 

" Washington, 19th February, 1826. 
61 To the Senate of the United States: 

u In answer to the two resolutions of the Senate, of tho 1 5th instant, 
marked (Executive,) and which I have received, I state, respectfully. 



93 [ 68 ] 

that all the communications from me to the Senate, relating to th.e 
Congress at Panama, have been made, like all other communications 
upon Executive business, in confidence, and most of them in compliance 
with a resolution of the Senate requesting them confidentially. Be- 
lieving that the established usage of free confidential communications 
between the Executive and the Senate, ought, for the public interest, 
to be preserved unimpaired, I deem it my indispensable duty to leave 
to the Senate itself the decision of a question, involving a departure, 
hitherto, so far as I am informed, without example, from that usage, 
and upon the motives for which, not being informed of them, I do no* 
feel myself competent to decide. 

JOHN QUINCY ADAMS. 

Resolved, That, as the Senate have not been informed by the Pre- 
sident, whether the publication of the documents, in relation to the 
proposed mission to the Congress at Panama, would affect any pend- 
ing negotiations, it is expedient to proceed to the discussion of the 
subject of that mission, with closed doors. 
On motion, by Mr. King, 

The Senate adjourned. 

THURSDAY, February £3, 1826. 

The Senate resumed the consideration of the motion submitted yes- 
terday, by Mr. Holmes, in relation to the proposed mission to the 
Congress at Panama. 

On motion by Mr. Dickerson, to amend the same, by striking out 
all after the word " Resolved," where it first occurs, and inserting in 
lieu thereof the following : 

Resolved, That, although the Senate cannot find, in the answer of 
the President of the United States to their resolutions of the 15th inst. 
relative to the proposed Mission to Panama, any distinct information 
that the publication of the communications, alluded to in said resolu- 
tions, would or would not be prejudicial to existing negotiations, 
they find a strong objection on the part of the President, to the pub- 
lication of those communications, inasmuch as they were made " in 
confidence, and most of them in compliance with a resolution of the 
Senate, requesting them confidentially." And although the Senate 
have the right to publish communications so made, and to discuss the 
same, with open doors, without the assent of the President, when, in 
their opinion, the public interest may require such publication and such 
discussion, they do not think that present circumstances require the 
exercise of this right, so far as respects a discussion of those confi- 
dential communications, with open doors. Therefore, 

Resolved, That the discussion upon the proposed mission to Pana- 
ma, and the confidential communications upon the same, be held with 
closed doors. 

A motion was made by Mr. Lloyd, to postpone indefinitely the ori- 
ginal motion ; ami 



[ 68 ] 94 

It was determined in the negative — yeas 15, nays 29, 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are, 

Messrs. Bouligny, Branch, Chambers, Chase, Edwards, John- 
ston, of Lou. King, Knight, Lloyd, Mills, Sanford, * Smith, Van 
Dyke, White, Willcy— 15. 

Those who voted in the negative, are, 

Messrs. Barton, Bell. Benton, Berrien, Chandler, Clayton, Cobb, 
Dickerson, Eaton, Ellis, Findlay, Harrison, Hayne, Hendricks, 
Holmes, Johnson, of Ken. Kane, Macon, Marks, Noble, Randolph, 
Robbins, Rowan, Ruggles, Seymour, Thomas, Van Buren, Williams, 
Woodbury — 29. 

On motion by Mr. White, 

To amend the proposed amendment, by striking out the following 
words : " Resolved, That the discussion upon the proposed mission 
to Panama, and the confidential communications upon the same, be 
held with closed doors,'' and inserting, ** Resolved, that the Senate 
cannot, consistently with the duty which it owes to the United States, 
and to itself, proceed to consider the expediency of appointing Minis- 
ters to attend the Congress at Panama, until it can receive the infor- 
mation necessary to enable it to determine whether the consideration 
of that question ought to be with open or with closed doors." 

On the question, " Will the Senate agree to this amendment to the 
proposed amendment," a division of the question was called for ; and 
it was taken on striking out, and determined in the affirmative — yeas 
27, nays, 17. 

On motion by Mr. Cobb, the yeas and nays being desired by one- 
fifth of the Senators present : 
- Those who voted in the affirmative are, 

Messrs. Bell, Benton, Berrien, Branch, Chase, Cobb, Eaton, Ed- 
wards, Ellis, Findlay, Harrison, Hayne, Holmes, Johnson, of Ken. 
King, Macon, Mills, Randolph, Rowan, Ruggles. Sanford, Seymour, 
Thomas, Van Buren, White, Williams, Woodbury — 27. 

Those who voted in the negative are, 

Messrs. Barton, Bouligny, Chambers, Chandler, Clayton, Dick- 
erson, Hendricks. Johnston, of Lou. Kane, Knight. Lloyd, Marks, 
Noble, Robins, Smith, Van Dyke, Willey — 17. 

On the question to insert the amendment last proposed, it was de- 
termined in the negative — yeas 13, nays 31. 

The yeas and nays being desirod by one-fifth of the Senators pre- 
sent : 

Those who voted in the affirmative are, 

Messrs. Berrien, Cobb, Eaton, Ellis, Hayne. King, Macon, Ran- 
dolph, Rowan, Van Buren, White. Williams, Woodbury — 13. 

Those who voted in the negative are, 

Messrs. Barton, Bell. Benton Bouligny, Branch, Chambers, 
Chandler. Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, 
Hendricks, Holmes. Johnson, of Ken. Johnston, of Lou. Kane, 



95 [68] 

Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford. 
Seymour, Smith, Thomas, Van Dyke, Willey — 31. 

The question recurring on the adoption of ^the amendment first 
proposed to the original motion, amended by striking out the last 
clause : 

On the question, " Will the Senate agree to this amendment ?" a 
division of the question was called for ; and, 

On the question to strike out all the original motion, after the word 
" Resolved," where it first occurs, it was determined in the affirma- 
tive — yeas 31, nays 13. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent : 

Those who voted in the affirmative are, 

Messrs. Barton, Benton, Berrien, Branch, Chambers, Chandler, 
Cobb, Dickerson, Eaton, Edwards, Ellis, Findlay, Hayne, Hen- 
dricks, Johnson, of Ken. Kane, King, Macon, Marks, Mills, Ran- 
dolph, Robbins, Rowan, Ruggles, Sanford, Van Buren, Van Dyke, 
White, Willey, Williams, Woodbury — 31. 
Those who voted in the negative arc, 

Messrs. Bell, Bouligny, Chase, Clayton, Harrison, Holmes, John- 
ston, of Lou. Knight, Lloyd, Noble, Seymour, Smith, Thomas — 13. 

On the question to insert the proposed amendment, it was determin- 
ed in the affirmative — yeas 27, nays 16. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent : 
Those who voted in the affirmative are, 

Messrs. Barton, Benton, Berrien, Bouligny, Chandler, Clayton, 
Cobb, Dickerson, Findlay, Harrison, Hayne, Hemiricks, Holmes, 
Johnson, of Ken. Kane, King, Marks, Randolph, Robbins, Rowan, 
Ruggles, Seymour, Smith, Van Buren, Willey, Williams, Wood- 
bury — 27. 

Those who voted in the negative are, 

Messrs. Branch, Chambers, Chase, Eaton, Edwards, Ellis, John- 
ston, of Lou. Knight, Lloyd, Macon, Mills, Noble, Sanford, Thomas, 
Van Dyke, White— -16. 
So it was 

Resolved, That, although the Senate cannot find, in the answer of 
the President of the United States to their resolutions of the 15th inst. 
relative to the proposed mission to Panama, any distinct information 
that the publication of the communications, alluded to in said resolu- 
tions, would or would not be prejudicial to existing negotiations, they 
find a strong objection, on the part of the President, to the publication 
of those communications, inasmuch as they were made "in confi- 
dence, and most of them in compliance with a resolution of the Senate 
requesting them confidentially." And, although the Senate have the 
light to publish communications so made, and to discuss the same with 
open doors, without the assent of the President, when, in their opin- 
ion, the public interest may require such publication, and such discus- 
sion, they do not think that present circumstances require the c-xereise 



[68] 



96 



of this right, so far as respects a discussion of those, confidential com- 
munications with open doors. 

On motion by Mr. Randolph, 
Ordered, That the motion submitted by Mr. Rowan, as modified on 
the 21st instant, relating to the mission at Panama, and the resolution 
of this day, be printed in confidence, for the use of the members. 

FRIDAY, February 24, 1826. 

On motion by Mr. Lloyd, that the Senate proceed to consider 
the resolution reported by the Committee on Foreign Relations, in 
relation to the expediency of sending Ministers to the Congress of 
Panama, it was determined in the affirmative — yeas 32, nays 12. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent : 

Those who voted in the affirmative are, 

Messrs. Barton, Bell, Benton, Bouligny, Branch, Chambers, 
Chandler, Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, 
Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. Kane, 
Knight, Lloyd, Marks, Mills, Noble, Robbins, Rugglcs, Sanford, Sey- 
mour, Smith, Thomas, Van Dyke, Willey — 32. 

Those who voted in the negative are, 

Messrs. Berrien, Cobb, Eaton, Ellis, Hayne, Macon, Randolph* 
Rowan, Van Burcn, White, Williams, Woodbury — 12. 
On motion by Mr. Hayne, 

Ordered, That the further consideration of the resolution be post- 
poned to, and made the order of the day for, Monday next. 

WEDNESDAY, March 1, 1826. 

Agreeably to the order of the day, the Senate resumed the considera- 
tion of the resolution, reported by the Committee on Foreign Relation^, 
in relation to the expediency of sending Ministers to the Congress at 
Panama ; and, after debate, 

On motion by Mr. Randolph, 

The Senate adjourned. 

THURSDAY, March 2. 1826. 

The Senate resumed the consideration of the resolution reported In 
the Commitee on Foreign Relations, in relation to the expediency of 
sending Ministers to the Congress at Panama. 
On motion by Mr. Holmes, 
It was agreed that when the question be taken, it be by yeas auti 
nays. 

On motion by Mr. Chandler, 
The Senate adjourned. 



9? [ 68 ] 

FRIDAY, March 3, 1826. 

The Senate resumed the consideration of the resolution reported by 
die Committee on Foreign Relations, in relation to the expediency of 
sending Ministers to the Congress at Panama ; and, after debate, 
On motion by Mr. King, 

The Senate adjourned. 

MONDAY, March 6, 1826. 

The Senate resumed the consideration of the resolution reported by 
the Committee on Foreign Relations, in relation to the expediency of 
sending Ministers to the Congress at Panama; and, after debate, 
On motion by Mr. Dickerson, 

The Senate adjourned. 

TUESDAY, March 7, 1826. 

The Senate resumed the consideration of the resolution reported by 
the Committee on Foreign Relations, in relation to the expediency of 
sending Ministers to the Congress at Panama ; and, after debate, 
On motion by Mr. Van Buren, 

The Senate adjourned. 

THURSDAY, March 9, 1826. 

The Senate resumed the consideration of the resolution, reported by 
the Committee on Foreign Relations, relative to the expediency of 
sending Ministers to the Congress at Panama ; and, after debate, 

Ordered, That it lie on the table. 

FRIDAY, March 10, 1826. 

The Senate resumed the consideration of the resolution reported by 
the Committee on Foreign Relations, relative to the expediency of 
sending Ministers to the Congress at Panama; and, after debate, 
On motion, by Mr. Chandler, that the Senate adjourn, 

It was determined in the negative — yeas 21, nays 23. 
On motion by Mr. Noble, 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, those who voted in the affirmative, are, 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dick- 
erson, Eaton, Ellis, Findlay, Hayne, Holmes, Johnson, of Ken. Kane, 
King, Macon, Randolph, Rowan, Van Buren, White, Williams, 
Woodbury-^-ai. 

Those who voted in the negative are, 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Johnston, of Lou. Knight, Lloyd, 
Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, 
Thomas, Van Dyke, Willey — 23. 

On motion by Mr. Dickerson, 

The Senate adjourned. 
13 



[ 68 ] 96 

SATURDAY, March 11, 1826. 

The Senate resumed the consideration of the resolution reported by 
the Committee on Foreign Relations, relative to the expediency of 
sending Ministers to the Congress at Panama; and, after debate, 
On motion by Mr. Dickerson, that the Senate adjourn, 

It was determined in the affirmative — yeas 23, Nays 21. 
On motion by Mr. Bell, 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, those voted who in the affirmative, are, 

Messrs. Benton. Berrien, Bouligny, Branch, Chandler, Cobb, 
Dickerson, Eaton, Findlay, Hayne, Holmes, Johnson, Ken. John- 
ston, Lou. Kane, King, Macon, Randolph; Reed, Rowan, Van Burer:, 
"White, Williams, Woodbury — 23. 

Those who voted in the negative are, 

Messrs. Barton, Bell, Chambers, Chase, Clayton, Edwards, Har- 
rison, Hendricks. Knight. Lloyd, Marks, Mills, Noble, Robbing, Rug- 
gle.s, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey — 21. 

MONDAY, March 13, 1826. 

The Senate resumed the consideration of the resolution reported by 
the Committee on Foreign Relations, relative to the expediency of 
sending Ministers to the Congress of Panama. 

A motion was made by Mr. Benton to amend the said resolution, by 
striking out all after " Resolved," and inserting " That the Senate 
cannot advise that it is expedient for the Government of the United 
States to send Ministers to the Congress of American nations at Pa- 
nama, before it shall have received satisfactory information upon the 
following points : First, the subjects to which the attention of that 
Congress will be directed; Secondly, The substance and form of the 
powers to be given to the respective Representatives ; Thirdly, The 
mode of organizing the Congress: Fourthly, The mode of action in 
deciding the questions which may be submitted to it." 
On motion by Mr. Hayne, 

The Senate adjourned. 

TUESDAY, March 14, 1826. 

The Senate resumed the consideration of the resolution reported bj 
the Committee of Foreign Relations, relative to,the expediency of 
sending Ministers to the Congress of Panama, together with the 
amendment proposed thereto by Mr. Benton. 

On motion by Mr. Benton, the said amendment was modified as 
follows: Strike out all after "Resolved," and insert, " That it is 
not expedient for the United States to send any Ministers to the Con- 
gress of American nations assembled at Panama, before it shall have 
received satisfactory information upon the following points : First, 
The subjects to which the attention of the Congress will be directed : 
Secondly, The substance and form of the powers to be given to the 



99 L 68 j 

Respective Representatives: Thirdly, The mode of organizing the 
Congress: Fourthly, The mode of action in deciding the questions 
which may he submitted to it," 

On motion by Mr. Hayne, that the further consideration of the re- 
solution, with the proposed amendment, be postponed to Friday next; 
it was determined in the negative, Yeas 20 — Nays 25. 

The Yeas and Nays being desired by one fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Findlay, Hayne, Johnson, of Ken., Kane, King, Macon, Ran- 
dolph. Reed, Rowan, Van Buren, White, Williams* Woodbury. — 20, 

Those who voted in the negative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Holmes, Johnston, of Louisiana, 
Knight, Lloyd, Mcllvaine, Marks, Mills, Noble, Robbins, Ruggles, 
Sanford, Seymour, Smith, Thomas, Van Dyke, Willey — 25. 

On motion by Mr. Reed, that he be excused from voting on the 
proposed amendment, it was determined in the affirmative, Yeas 32 — 
Nays 12. 

The Yeas and Nays being desired by one fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Barton, Bell, Benton, Berrien, Bouligny, Branch, Cham- 
bers. Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, 
Hendricks, Holmes, Johns+on, of Lou., Knight, Lloyd, M'llvaine, 
Macon, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, 
Smith, Thomas, Van Dyke, Willey, and Williams. — 32. 

Those who voted in the negative are — 

Messrs. Chandler, Cobb, Eaton, Hayne, Johnson, of Ken., Kane, 
King, Randolph, Rowan, Van Buren, White, and Woodbury. — 12. 

On the question to agree to the proposed amendment to the resolu- 
tion, it was determined in the negative. Yeas 19 — Nays 24. 

The Yeas and Nays being desired by one fifth of the Senators pre- 
sent, 

Those who voted in the affirmative are — 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, 
Rowan, Van Buren, White, Williams, and Woodbury. — 19. 

Those who voted in the negative are — 

Messrs Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Johnson, of Ken., Johnston, of Lou., 
Knight, Lloyd, Marks, Mills, Noble, Bobbins. Ruggles, Sanford., 
Seymour, Smith, Thomas, Van Dyke, and Willey — -24. 

A motion was made by Mr. Van Buren, to amend the resolution, 
by adding thereto the following : 

Resolved, That the Constitution of the United States, in authoriz- 
ing the President of the United States to nominate, and, by and 
with the advice and consent of the Senate, to appoint, " Amhassa* 



[68] 100 

dors, and other public Ministers f authorizes the nomination and 
appointment to offices of a diplomatic character only, existing by- 
virtue of international laws: and does not authorize the nomination 
and appointment, (under the name of Ministers.) of Representatives 
to an Assembly of Nations, like the proposed Congress of Panama, 
who, from the nature of their appointment, must be mere deputies, 
unknown to the law of Nations, and without diplomatic character or 
privilege. 

Resolved, That the power of forming or entering, (in any manner 
whatever.) into new political associations, or confederacies, belongs 
to tfie People of the United States, in their sovereign character, 
being one of the powers which- not having been delegated to the Go- 
vernment, is reserved to the States, or People : and that it is not 
within the Constitutional power of the Federal Government to ap- 
point Deputies or Representatives of any description, to represent 
Use United States in the Congress of Panama, or to participate in 
the deliberation, or discussion, or recommendation, of acts of that 
Congress. 

Resolved, As the opinion of the Senate, that (waiving the question 
of Constitutional power.) the appointment of Deputies to the Con- 
gress of Panama, by the U. States, according to the invitation given, 
and its conditional acceptance, would be a departure from that wise 
and settled policy by which the intercourse of the United States 
with foreign nations, has hitherto been regulated, and may endanger 
the friendly relations which now happily exist between us and the 
Spanish American States, by creating expectations that engagements 
will be, entered into by us, at that Congress, which the Senate 
could not ratify, and of which the People of the United States would 
not approve. 

Resolved. That the advantages of the proposed mission to the Con- 
gress of Panama, (if attainable) would, in the opinion of the Senate, 
be better obtained, without such hazard, by the attendance of one of 
our present Ministers near either of the Spanish Governments, au- 
thorized to express the deep interest we feel in their prosperity, anil 
instructed fully to explain, (when requested.) the great principles of 
our policy, but without being a member of that Congress, and with- 
out power to commit the United States to any stipulated mode of 
enforcing those principles, in any supposed or possible State of the 
world. 

And, on the question to agree thereto, it was determined in the 
negative — yeas 19, nays 24. 

The yeas and nays being desired by one-fifth of the Senators 
present — 

Those who voted in the affirmative are — 

Messrs. Benton, Berrien, Branch. Chandler, Cobb, Dickcrson. 
Eaton, Findlay, Hayne, Holmes, Kane, King, Macon. Randolph, 
Rowan, Van Buren, White, Williams, Woodbury — 19. 

Those who voted in the negative arc — 



101 [68] 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton. Ed- 
wards, Harrison, Hendricks, Johnson, of Ken., Johnston, of Lou., 
Knight, Lloyd, Marks, Mills, Noble, Bobbins, Ruggles, Sanford, 
Seymour, Smith, Thomas, Van Dyke, Willey — 24. 

On the question to agree to the resolution reported by the Com- 
mittee, in the. following words : 

Resolved, That it is not expedient, at this time, for the United 
States to send any Ministers to the Congress of American Nations 
assembled at Panama, 

It was determined in the negative — yeas 19, nays 24. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative are— » 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, 
Rowan, Van Buren, White, Williams, Woodbury — 19. 

Those who voted in the negative are — 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Johnson, of Ken. Johnston, of Lou. 
Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, 
Seymour, Smith, Thomas, Van Dyke, Willey — 24. 

On motion by Mr. Chase, that the Committee on Foreign Rela- 
tions be discharged from the further consideration of the Message of 
the President of the United States of the 26th December, nominating 
Richard C. Anderson, John Sergeant, and William B. Rochester, 
to the appointments therein mentioned, it was determined in the af- 
firmative. — yeas 38, nays 6. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative are- 
Messrs. Barton, Bell, Benton, Berrien, Bouligny, Branch, Cham- 
bers, Chandler, Chase, Clayton, Cobb, Dickerson, Edwards, Find- 
lay, Harrison, Hendricks, Holmes, Johnson, of Ken. Johnston, of 
Lou., Kane, King, Knight, Lloyd, Macon, Marks, Mills, Noble, 
Reed, Robbins, RuggJes, Sanford, Seymour, Smith, Thomas, Van 
Buren, Van Dyke, White, and Willey.— 38. 

Those who voted in the negative are — 

Messrs. Eaton, Hayne, Randolph, Rowan, Williams, and Wood- 
bury — 6. 

On motion by Mr. Chandler, that, it being ten minutes past 12 
o'clock, the Senate do adjourn, it was determined in the negative — 
yeas 15, nays 29. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative, are — 

Messrs. Benton, Branch, Chandler, Cobb, Dickerson, Findlay. 
Hayne, Holmes, Johnson, of Ken. King, Macon, Reed, Rowan, 
Williams, and Woodbury. — 15. 

Those who voted in the negative, are— 



[ 68 ] 102 

Messrs. Barton. Bell, Berrien, Bouligny, Chambers, Chase, 
Clayton, Eaton- Edwards, Harrison, Hendricks, Johnston, of Lou. 
Kane, Knight, Lloyd, Marks, Mills, Noble, Randolph, Robbins, 
Ruggles, Sanford, Seymour, Smith, Thomas, Van Buren, Van 
Dyke, White, and Willey.— 29. 

On motion by Mr. Mills, that the Senate proceed to consider the 
nominations of Richard C. Anderson, John Sergeant, and William 
B. Rochester, contained in the Message of the 26th December, it was 
determined in the affirmative — yeas 25, nays 19. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative, are 

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Ed- 
wards, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of 
Lou. Knight. Lloyd, Marks, Mills, Noble, Reed, Robbins, Ruggles, 
Sanford, Seymour, Smith, Thomas, Van Dyke, Willey — 25. 

Those who voted in the negative, are 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, 
Rowan, Van Buren, White, Williams, Woodbury — 19. 

On the question, *« Will the Senate advise and consent to the ap- 
pointment of Richard C. Anderson?" It was determined in the 
affirmative — yeas 27, nays 17. 

The yeas and nays being desired by one fifth of the Senators 
present, 

Those who voted in the affirmative, arc 

Messrs. Barton, Bell, Benton, Bouligny, Chambers, Chase, Clay- 
ton, Edwards, Harrison, Hendricks, Johnson, of Ky. Johnston, of 
Lou. Kane, Knight, Lloyd, of Mass. Marks, Mills, Noble, Reed, 
Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, 
Willey— 27. 

Those who voted in the negative, are 

Messrs. Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, 
Findlay. Hayne. Holmes, King, Macon, Randolph, Rowan, Van 
Buren, White, Williams, Woodbury — 17. 

On the question, " Will the Senate advise and consent to the ap- 
pointment of John Sergeant?" It was determined in the affirmative — 
yeas 26, nays 1 8. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative, are 

Messrs. Barton, Bell, Bouligny. Chambers. Chase, Clayton, Ed- 
wards, Findlay. Harrison, Hendricks, Johnson, of Ken. Johnston, 
of Lou. Kane, Knight, Lloyd, Marks, Mills, Noble, Robbins, Rug- 
gles, Sanford, Seymour, Smith. Thomas, Van Dyke, Willey — 26. 

Those who voted in the negative, are 

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, 
Eaton, Hayne, Holmes, King. Macon, Randolph, Reed, Rowan, Van 
Buren, White, Williams, Woodbury — 18. 



103 [ 68 ] 

On 1he question, " Will the Senate advise and consent to the ap- 
pointment of Wm. B. Rochester?" It was determined in the affirma- 
tive — yeas 28, nays 16. 

The yeas and nays being desired by one-fifth of the Senators 
present, 

Those who voted in the affirmative, are 

Messrs. Barton, Bell, Benton, Bouligny, Chambers, Chase, Clay- 
ton, Edwards, Findlay, Harrison, Hendricks, Johnson, of Ken. John- 
ston, of Loo. Kane, Knight, Lloyd, Marks, Mills, Noble, Reed, Rob- 
bins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Wil- 
ley — 28. 

Those v ho voted in the negative, are 

Messrs. Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, 
Hayne, Holmes, King, Macon, Randolph, Rowan, Van Buren, White, 
Williams, Woodbury — 16. 

So it was 

Resolved, That the Senate advise and consent to the appointments 
of Richard C. Anderson, John Sergeant, and William B. Rochester, 
agreeably to their nominations respectively. 

Mr. Berrien, submitted the following resolution: 

Resolved, That the injunction of secrecy be removed from the Jour- 
nal of the Senate, on the subject of sending Ministers to the Assembly 
of American Nations at Panama, and that the Secretary of the Senate 
cause the same to be published, viz: 

Resolutions of the Senate of the 15th of February, and proceedings 
thereon. Proceedings of the Senate of the 22d, 23d, and 24th Fe- 
bruary, and of the 13th and 14th of March. 

The Senate proceeded to consider the resolution. 

On motion by Mr. Bell, that the Senate adjourn, it was deter- 
mined in the negative — yeas 13, nays 29. 

On motion by Mr. Van Buren, the yeas and nays being desired by 
one fifth of the Senators present, 

Those who voted in the affirmative, are 

Messrs. Barton, Bell, Chase, Clayton, Edwards, Knight, Macon, 
Marks, Noble, Reed, Robbins, Sanford, Seymour — 13. 

Those who voted in the negative, are 

Messrs. Benton, Berrien, Bouligny, Branch, Chambers, Chand- 
ler, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, 
Holmes, Johnson, of Ken. Johnston, of Lou. Kane, King, Lloyd, 
Mills, Rowan, Ruggles, Smith, Thomas, Van Buren, White, Wil- 
ley, Williams, Woodbury — 29. 

On the question, " Will the Senateagree to the resolution?" It was 
determined in the affirmative — yeas 37. 

The yeas and nays being desired by one-fifth of the Senators pre- 
sent, 

Those who voted in the affirmative, are 

Messrs* Barton, Benton, Berrien, Bouligny, Branch, Chambers, 
Chandler, Chase, Cobb, Dickerson, Eaton, Edwards, Findlay, Har- 
rison, Hayne, Hendricks, Holmes, Johnson, of Ken. Johnston, of Lou. 



r 68 T 104 

Kane, King, Lloyd, Macon, Marks, Mills, Noble, Reed, Rowan, 
Ruggles, Sanford, Seymour, Smith, Van Buren, White, Willey, 
Williams, Woodbury— 37. 

So it was 

Resolved, That the injunction of secrecy be removed from the Jour- 
nal of the Senate, on the subject of sending Ministers to the Assem- 
bly of American Nations at Panama, and that the Secretary of the 
Senate cause the same to be published, viz: 

Resolutions of the Senate of the 15th of February, and proceedings 
thereon. Proceedings of the Senate of the 22d, 23d, and 24th Fe- 
bruary, and of the 15th and 14th of March. 

FRIDAY, March 17. 

On motion by Mr. Randolph, and by unanimous consent, 

Ordered, That the following motion, submitted by Mr. Randolph 
on the 2 1st of February, and withdrawn on the 22d of February, be 
inserted on the Journal. 

Resolved, That the Senate having, on the 15th day of February, 
passed the following resolutions : 

" Resolved, That, upon the question, whether the United States 
shall be represented in the Congress of Panama, the Senate ought to 
act with open doors, unless it shall appear that the publication of do- 
cuments, necessary to be referred to in debate, will be prejudicial to 
existing negotiations. 

"Resolved, That the President be respectfully requested to inform 
the Senate whether such objection exists to the publication of the do- 
cuments communicated by the Executive, or any portion of them ; 
and if so, to specify the parts, the publication of which would, for 
that reason, be objectionable." 

To which the President returned the following message in answer, 
viz: 

Washington, \6th February, 1826. 
" To the Senate of the United States: 

"In answer to the two resolutions of the Senate of the 15th instant, 
marked (Executive.) and which I have received, I state respectfully 
that all the communications from me to the Senate relating to the 
Congress at Panama, have been made, like all other communications 
on Executive business, in confidence, and most of them in compliance 
with a resolution of the Senate requesting them confidentially. Be- 
lieving that the established usage of free confidential communications, 
between the Executive and the Senate, ought, for the public interest, 
to be preserved unimpaired, I deem it to be my indispensable duty to 
leave to the Senate itself the decision of a question involving a depar- 
ture, hitherto, so far as I am informed, without example, from that 
usage, and upon the motives for which, not being informed of them, 
I do not feel myself competent to decide. 

"JOHN QUINCY ADAMS." 



105 [ 68 ] 

Resolved, That tlie Senate cannot, consistently with a due sense of 
its constitutional rights and duties, proceed, under the circumstances 
of the case, to a further consideration of the question, whether or not 
it he expedient for the United States to send a mission to the Congress 
at Panama. 

On motion by Mr. Randolph, and by unanimous consent, 

Ordered, That the following motion, made by Mr. Randolph, on the 
14th March, and afterwards withdrawn, be entered on the Journal : 

Resolved, That the States of South Carolina and Alabama, being 
unrepresented in consequence of the death of John Gaillard and of 
Henry Chambers ; and the State of Virginia being also unrepresented 
by the unavoidable absence of Littleton Waller Tazewell ; and the 
State of Mississippi, by the vote that Thomas B. Reed, one of the 
Senators, be excused from voting, he not having had time to make up 
his opinion, so as to be prepared to vote understandingly on the ques- 
tion : the Senate cannot, on a question involving the dignity and 
neutrality of the United States, and the fundamental principles of their 
union, and the peace and security of a great sub-division of the confe- 
deracy, proceed to consider the nominations, until the States shall be 
more fully represented. 

On motion, by Mr. Hayne, 

Ordered, That the injunction of secrecy be removed from the fore- 
going proceedings, and that the Secretary cause the same to be pub- 
fished. 

TUESDAY, March 21, 1_826. 

Mr. Benton submitted the following motion : 

Resolved. That the injunction of secrecy be removed from the Pre- 
sident's message, of December 26th, 1825, relative to the proposed 
Assembly of American nations at Panama, and from all Executive 
communications made, and documents sent to the Senate in relation 
thereto, and from all proceedings in the Senate upon that subject, 
from which the injunction of secrecy has not yet been removed ; and 
that six thousand copies of the whole be printed. Also, that the in- 
junction of secrecy be removed from all communications relative there- 
to, received from the Executive since the Senate's decision upon the 
mission, and that an equal number thereof be printed as an appendix, 
to the proceedings had, and documents first sent. Also, that all pa- 
pers and documents sent, and communications made by the Executive 
to the House of Representatives, and not sent or made to the Senate, 
shall, in like manner, be printed in a second appendix, distinguishing 
the papers and passages sent to the House and not to the Senate, and 
those sent to the Senate and not to the House. Also, that the resolu- 
tion of December 28th, shall be transferred to the Legislative Journal 
of the Senate. 

The Senate proceeded to the consideration thereof. 

On motion by Mr. Mills, that the further consideration thereof h-p 
14 



[ 68 ] 106 

postponed until to-morrow, it was determined in the negative — Yeas 
6, nays 30. 

The yeas and nays being desired by one fifth of the Senators pre- 
sent, 

Those who voted in the affirmative, are 

Messrs. Barton, Chase, Edwards, Mills, Sanford, Seymour — 6. 

Those who voted in the negative, are 

Messrs. Benton, Berrien, Bouligny, Chandler, Clayton, Cobb, 
Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, 
Johnson of Ken., Johnston of Lou. Kane, King, Knight, Macon, 
Marks, Noble, Reed, Rohhins, Rowan, Ruggles, Smith^VaiiBuren, 
White, Willey, Woodbury — 30. 

On the question to agree to the motion, 

It was determined in the affirmative — yeas 33, nays 3. 

The yeas and nays being desired by one fifth of the Senators present, 

Those who voted in the affirmative, are, 

Messrs. Barton, Benton, Berrien, Bouligny, Chandler, Chase, 
Clayton, Cobb, Diokerson, Eaton, Findlay, Harrison, Hayne, Hen- 
dricks, Holmes, Johnson of Ken. Johnston of Lou. Kane, King, 
Knight, Macon, Marks, Noble, Reed, Robbins, Rowan, Ruggles, 
Sanford, Smith, Van Buren, White, Willey, Woodbury — 33. 

Those who voted in the negative, are 

Messrs. Edwards, Mills, Seymour — 3. 

Attest, WALTER LOWRIE, Secretary 



407 E 68 ] 



APPENDIX— No. i. 



PAPERS SENT : 






Clay, No. 15. 21st Nov. 


1825. 


Extract. 


17. 12th Dec. 


1825. 


do. 


18. 1st Jan. 


1826. 


Copy. 


42. 10th Jan. 


1826. 


do. 


Damas, 42. 2d Jan. 


1826. 


do. 



The following Message and Documents were communicated to tins 
Senate, on Friday the 17th March, 1826, after their final decision on 
the mission to Panama, which decision took place on the 14 th March. 

Washington - , 16th March, 1826. 

To the Senate of the United States: 

Some additional documents, having relation to the objects of the 
mission to the Congress at Panama, and received since the communi- 
cation of those heretofore sent, are now transmitted to the Senate. 
JOHN QUINCY ADAMS. 



1. Mr. Everett to Mr. Clay, 

2. Same to same, 

3. Same to same, 

4. Mr. Brown to same, 
(a) Same to Baron de Damas, 



1. 

Extract of a Letter, No. 15, from Mr. Everett, Minister to Spain, 
to the Secretary of State, dated 

Madrid, November 21, 1825. 

"After conversing with the Duke, (del Infantado,) as much as 
was necessary upon the direct relations between the two countries, 
the opportunity being favorable for a longer interview, I availed my- 
self of it to introduce the subject of the Colonies, upon which I had 
not before said any thing to him. I told him, that it was a part of 
my instructions to intimate to His Majesty's Government, in the 
most delicate manner possible, the full conviction of that of the 
United States, that the question of the Independence of the Colonies, 
was, in point of fact, settled; and their strong desire, that the war 
might as soon as possible be brought to a close. I inquired of him, 
whether there was at present any disposition in His Majesty's Cabinet 
towards a change of policy upon this subject. He replied in the ne- 
gative, but did not express himself to this effect with the same fulness 
and decision, that I had observed in Mr. Zea's communications. I 



[ 68 ] 108 

presume, however, that this difference, which was certainly very 
perceptible ami obvious, is rather owing to the difference in the cha- 
racters of the men, and their habit of expressing themselves, than to 
any actual intention in the Cabinet to yield. At least, I do not 
learn from any other quarter, that such an intention is supposed to 
exist. The Duke said, that the matter was a delicate one; that he 
could easily in.>;.gine. how inconvenient and injurious it must be to 
the United States to have this struggle constantly going on at their 
doors; and that he was not surprised or dissatisfied, that they should 
exert their influence in endeavoring to procure the termination of it 
in the way which they thought just; but, that the King could not yet 
resolve to abandon his rights, or give up the hope, that these coun- 
tries would in one way or another be ultimately brought back to their 
allegiance. I then suggested to him particularly the opinion enter- 
tained by the Government of the United States, that the loss of the 
Islands of Cuba and Porto Rico, would be the inevitable effect of the 
continuance of the struggle for two or three years longer; but that 
Spain, by making peace at once, might very probably retain them. 
When I made this remark to Mr. Zea, he answered, that the King 
did not consider these Islands as in danger in any event, and that His 
Majesty confidently trusted, that he should not only retain them, but 
reconquer very shortly all the other American Provinces. The 
Duke's answer was quite different. He inquired of me in reply 
upon what evidence the American Government founded the opinion, 
that Spain would be able to retain these Islands, in case of her recog- 
nizing the independence of the other Colonies. This question seemed 
to suppose the persuasion, that the Islands must at all events be lost, 
unless the King should recover the whole of his American possessions. 
I replied, that the principal circumstance in favor of this opinion was 
the fact, that no symptoms of a disposition to separate from the mo- 
ther country, had yet appeared in the Islands; and that as their si- 
tuation, in consequence of the opening of the ports, was extremely 
flo irishing, there was room to suppose, that they were contented with 
it. He acquiesced in this remark, and expressed his deep regret, 
that a similar system of allowing a full freedom of trade, had not 
been adopted in season, in regard to the other Colonies. This was 
the substance of our conversation. The general impression I re- 
ceived from it was- that there is at present no direct intention in the 
Cabinet to change their policy; but, that there is at least as much 
probability of a recognition now, as before the late ministerial revo- 
lution. I mentioned to the Duke, that Mr. Zea had expressed a 
■wish, that I would give him in writing what I had to say by order 
of my Government upon this subject, and inquired of him, whether 
this would also be agreeable to him. He said, that he had no objec- 
tion whatever to receive such a communication; and 1 shall accord- 
ingly at my leisure prepare and transmit one." 



109 [ 68 ] 



Extract of a letter ( No. 17 J from Mr. Everett to the Secretary of Stak f 
dated at 

Madrid, December 12, 1825. 

" I received, two or three days ago, from Mr. King, a copy of the 
instructions to Mr. Middlcton, on the affair of Spanish America. It came 
very opportunely, while I was engaged in preparing the note which I 
intend to address to this Government upon the same subject. This com- 
munication, as it requires to be drawn up with care and caution, does 
not admit of being hastened, and will not probably be ready before the 
first of January. I learn, with much pleasure, through the medium 
of Mr. Brown, that the overture made by Mr. Middleton at St. Pe- 
tersburg!], has been well received, and is likely to produce a favorable 
effect. I shall take an early opportunity of conversing anew with 
Mr. D'Oubril, upon the subject, and of ascertaining what are Ms pre*- 
sent instructions." 



No. 18. — Mr. Everett to the Secretary of State. 

Sir: T have the honor to transmit, herewith, a translation of a (k^ 
cree which has just been published, for establishing a Council of State. 
A Council has already existed, I believe, ever since the King's re- 
turn, bearing the same name, composed of nearly the same persons, 
and charged with, substantially, the same duties as this, but the King 
has not been in the habit of calling them together. The only thing, 
therefore, really new in the decree, is, the part which declares that 
the Council shall meet every day, and remain in session three hours. 
How far this regulation is likely to be observed, is, of course, a matter 
of mere conjecture. It is rather singular that no allusion is made to 
an existing Council, and that the decree purports to be for the estab- 
lishment of an entirely new one. The measure is considered here as 
pretty important, but I do not see that it is likely to introduce any very 
great changes either in the principles or proceedings of the Govern- 
ment. The latent object of the institution is, probably, to get rid of 
the Ministerial Council established by Mr. Zea; no allusion is, how- 
ever, made to the latter, in the decree which thus supercedes two of 
these high State Corporations, without naming either. Some of the 
most considerable members of Mr. Zea's Council are transferred to 
the new one, including the President, Gen. Castanos, a person much 
respected by all parties, and of known liberal sentiments. He told 
me, yesterday, that this was the fifth Council to which he had been 
called, as they were successively instituted. He does not appear 1x» 
anticipate any very important consequences from the innovation. 



[68] 



110 



There are some things, however, in the decree, and in the compos!' 
tion of the Council, which may be construed into indications that the 
measure has been taken with a view to a more careful consideration of 
the great question of America. Among the members named who, ex- 
clusively of the Ministers, only amount to fourteen or fifteen, are the 
Archbishop of Mexico, the Viceroys of Mexico, Venegas, and Apo- 
daca, under new names, the Duke de San Carlos, an American, and 
Father Cyril, who has been in America. The last is considered the 
ablest man in the Council. It is worthy of remark, that none of these, 
except San Carlos, were of the old Council of State. General Cas- 
tanos is friendly to the recognition of the Independence of America. 
Provision seems to have been made in this way for bringing into the 
meeting a great deal of positive information upon American affairs. 
The decree also mentions that this question is one to which the atten- 
tion of the Council is to be particularly called; and speaks of it in 
terms which will bear a favorable interpretation, although they do not 
necessarily require it. Among other things deserving consideration, 
are enumerated (i the weighty affairs of the colonies in America, 
"which arc endeavoring to separate from the mother country, by a 
" necessary effect of the dangers to which the Crown has been expo- 
" sed." To acknowledge the necessity of the separation on any ac- 
count, seems to be a large step towards the acknowledgment of the 
new States, and to call the effort to separate, a necessary effect of the 
late political crisis, is, perhaps, to give the best possible justification of 
it. The passage may, however, be interpreted in a different sense; 
and there is, at present, no other evidence of any recent change on 
this subject, in the disposition of this Government. The French news- 
papers abound, as usual, with accounts, apparently authentic, of cop- 
stant efforts made here by the foreign Powers, especially the British 
Minister, in favor of the Colonics; but these accounts are also, as 
usual, without the slightest foundation. Mr. Lamb and myself con- 
verse, habitually, on this subject, with perfect freedom, and I am cer- 
tain that he has said and done almost nothing for the Americans since 
I have been here; the others never interfere with the subject, except- 
ing, perhaps, the French Ambassador, who has recently arrived, and 
with whose proceedings I am not so well acquainted. 

I lately read to the Duke del Infantado a part of a letter 1 had re- 
ceived from New York, which spoke with great confidence of the pro- 
bability of an early and successful attack upon the Island of Cuba, by 
the Mexicans and Colombians. The intelligence evidently made an 
impression upon him. He asked me, among other things, as he has 
done before, what security there would be for the possession of Cuba, 
in the event of recognizing the Colonies. I replied, by stating the 
general reasons why they should not wish to separate. It has since 
occurred to me that the Duke, by his repeated questions to this effect, 
intended to intimate a desire that a guarantee for the fidelity of Cuba, 
should be offered by the United States, or by the Spanish American 
Powers. This was proposed directly by Mr. Zea to Mr. Nelson and 
to me, as a consideration for admitting our Consul at the Havana. 



lit [.68] 

Since I wrote to you last, I have been principally engaged in pre- 
paring my note upon the affairs of the colonies. It is, now, nearly 
ready, and I shall, probably, send you a copy of it with my next des- 
patches. The other affairs remain in the same state. The intelligence of 
the death of the Emperor of Russia arrived here about ten days ago, 
and was soon followed by that of the quiet succession of his brother 
Constantine. It does not appear that the change will produce any 
immediate effect upon the state of political affairs. The money mar- 
ket is exceedingly depressed in France and England, and the dis- 
tress among the merchants is greater than was, almost, ever known 
before; but the crisis appears to have arisen, in part, from pure panic, 
and will, in all probability, pass off very soon, leaving the value of 
public stocks somewhat lower, perhaps, than it stood before. The 
French Parliament is summoned for the 51st of this month. 

I have the honor to transmit, herewith, copies of the notes which 
I have addressed to the minister since my last despatches, and of 
some official articles of general interest, and remain with high re- 
spect, sir, your most obedient humble servant. 

A. H.EVERETT. 

Madridf January 1, 1826. 

P. S. Upon looking again at the decree upon the council of state, 
which was out of my hands when I was writing the above, I find that 
the council is not described as a new institution, in such distinct terms 
as I had supposed and stated. The impression I had upon the subject 
was partly derived from conversation. The existence of the council 
had been pretty generally forgotten, and this revival of it has been 
commonly mentioned as the establishment of an entirely new one: in 
effect it is, as the King never called the members together under the 
former system. 

Hon. Hewry Clay, 

Secretary of State. 



No. 42. — Mr. Brown to Mr. Clay. 

Pan's, 10th January, 1826. 
Sir : In order to comply with the instructions contained in your 
despatch No. 3, I obtained an interview with His Excellency, the 
Baron de Damas on the 2d instant. I reminded him that in the 
month of July last, I had, in a spirit of frankness, disclosed to him 
the views of the President of the United States, in relation to the Isl- 
ands of Cuba and Porto Rico, and that I had then stated to him that 
the United States could not see with indifference, those islands pass- 
ing from Spain to any other European Government: and that for the 
United States, no change was desired in their political or commercial 
condition, nor in the possession which Spain has of them. I informed 
him that I was now instructed to add, in the same frank and friendly 
spirit, and in order to guard against all possible difficulties that might 



[68] 112 

arise on that subject, that we could not consent to that occupation of 
those Islands by any other European Power than Spain, under any 
contingency whatever. Disclaiming, as we now did, all designs on 
them ourselves, we believed we might justly claim an unreserved 
communication of the views of other great maritime states in rela- 
tion to them. I observed that the President could not suppose a state 
of things in which it would be right or proper that possessions so im- 
portant should be occupied by either England or France, without the 
concurrence, or at least knowledge, of the United States. 

The Baron de Damas appeared to concur entirely in the view which 
I took of the subject, and inquired whether it had been mentioned to 
the British Government. I told him that a similar communication 
had been made to Mr. Canning, and I had sufficient reason to think 
that the British Government concurred with the President in the po- 
licy of not disturbing the possession of those Islands in favor of either 
of the great maritime nations. 

I then, in the most delicate and friendly manner, alluded to the 
French squadron which had appeared in the West Indies, and on the 
American coast last summer, and stated that my Government would 
expect that in case France should again send out a naval force dis- 
proportionate in the extent of its armament to the ordinary purpose 
of a peace establishment, its design and object should be communi- 
cated to the Government of the United States. The Baron de Da- 
mas answered that the vessels composing that squadron had been 
stationed at different places, where the number on each station was 
not more than sufficient for the service of protecting French com- 
merce and their West India Islands; that it had become necessary de- 
finitively to settle the relations between France and St. Domingo; that 
this squadron was hastily collected for that object, and that the nature 
of the service required secrecy. He said that it was not only right 
in itself, but had hcen customary with the French Government to 
communicate to friendly Governments, in time of peace, the objects of 
considerable fleets sent on distant service: that the peculiar circum- 
stances in the instance I alluded to, had occasioned a departure from 
the rule, but that, in future, the United States should be duly apprised 
of the objects of every such squadron, sent into their vicinity. The- 
Baron de Damas closed the conference by saying that he would com- 
municate what had passed, to the King, to whom, he was sure, it would 
give great satisfaction. 

On the same day, I addressed a short note to the Baron de Damas, 
of which I enclose a copy; and, meeting him in the evening. 1 told 
him, in an informal maimer, that I had written it with the design of 
avoiding any mistake in my communication to the President, of what 
had passed at the conference. He said he was well satisfied that no 
mistake existed on either side, and that he had communicated our 
Conversation to the king. 
I have the honor to be, 

With great respect, sir, 

Your most -obedient and humble servant, 

JAMES BROWV 



113 [68] 

(a) 
Mr. Brown to the Baron de Bamas. 

Paris, 2d January, 1 826; 

Sir: In the month of July last, I had the honor to state to your 
Excellency, with the utmost frankness, the views of the President of 
the United States, in relation to the Spanish Islands of Cuba and 
Porto Rico. I informed you that the United States could not see, 
with indifference, those Islands passing from Spain to any other Euro- 
pean Power; and that the United States desired no change in their po- 
litical or commercial condition, nor in the possession which Spain had 
of them. In the conference with which your Excellency honored me 
on this day, I repeated the same assurances, and added, in a spirit of 
friendship, and with a view of guarding beforehand against any pos- 
sible difficulties on the subject which might arise, that my Govern- 
ment could not consent to the occupation of those Islands by any other 
European Power than Spain, under any contingency whatever. 

Having understood your Excellency to say that the policy and views 
of the United States, as disclosed by me, corresponded with those of 
His Majesty's Government, I shall not fail to communicate the infor- 
mation to the President, who will feel happy in finding the two na- 
tions agreeing on a point of so much importance to the tranquillity of 
that portion of the globe. 

I request your Excellency to accept, &c. 

JAMES BROWN, 
His Excellency Baroiv de Damas, : 

Minister of Foreign Affairs, Sfc, $*c. 



[68] U4 



APPENDIX— No. 2. 



Washington, March 15, t82o-.- 
To the House oj Representative* of the U. States: 

In compliance with the Resolution of the House, of the 5th ultimo, re- 
questing me to cause to be laid before the House so much ot the. corres- 
pondence between the Government of the United States and the new 
States of America, or their Ministers, respecting the proposed Congress, 
or meeting of Diplomatic Agents, at Panama, and such information 
respecting the general character of that expected Congress, as maj 
be in my possession, and as may, in my opinion, be communicated 
without prejudice to the public interest; and, also, to inform the House, 
so tar as, in my opinion, the public interest may allow, in regard to 
what objects the Agents of the United States are expected to take pari 
in the deliberations of that Congress; I now transmit to the House a 
Report from the Secretary of State, with the correspondence and in- 
formation requested bv the resolution. 

With regard to the objects in which the Agents of the Lmtcd States 
are expected to take part in the deliberations of that Congress, I deem 
it proner to premise, that these objects did not form the only, nor 
even the principal, motive for my acceptance of the invitation. My 
first and greatest inducement was, to meet, in the spirit of kindness 
and friendship, an overture made in that spirit by three sister Repub- 
lics of this hemisphere. . . 

The great revolution in human affairs which has brought into 
existence, nearly at the same time, eight sovereign and independent 
nations in our 'own quarter of the globe, has placed the United 
States in a situation not lens novel, and scarcely less interesting, 
than that in which they had found themselves, by their own transi- 
tion, from a cluster of colonies to a nation of Sovereign States. 
The deliverance of the Souther* American Republics from the op- 
pression under which they had been so long afflicted, was hailed with 
great unanimity by the people of this Union, as among the most 
auspicious events of the age. On the 4th of May, 1822, an act ot 
Congress made an appropriation of one hundred thousand dollars tor 
such missions to the Independent Nations on the American Continent, 
as the President of the United States might deem proper. 

In exercising the authority recognized by this act, my predecessor, 
by and with the advice and consent of the Senate, appointed, succes- 
sively, Ministers Plenipotentiary to the Republics of Colombia, Ulie- 



115 [68] 

nos Ayres, Chili, and Mexico. Unwilling to raise among the fraternity 
of freedom, questions of precedency and etiquette, which even the 
European monarchs had of late found it necessary in a great mea- 
sure to discard, he despatched these ministers to Colomhia, Bue- 
nos Ayres and Chili, without exacting from those Republics, as, by 
the ancient principles of political primogeniture he might have done, 
that the compliment of a plenipotentiary mission should have been 
paid Jirst by them to the United States. The instructions prepared, 
under his direction, to Mr. Anderson, the first of our Ministers to the 
Southern Continent, contain, at much length, the general principles 
upon which he thought it desirable that our relations, political and 
commercial, with these, our new neighbors, should be established, 
for their benefit and ours, and that of the future ages of our posterity. 
A copy of so much of these instructions as relates to these general 
subjects, is among the papers now transmitted to the House. Similar 
instructions were furnished to the Ministers appointed to Buenos 
Ayres, Chili, and Mexico; and the system of social intercourse which 
it was the purpose of those missions to establish from the first open- 
ing of our diplomatic relations with those rising nations, is the most 
effective exposition of the principles upon which the invitation to the 
Congress at Panama has been accepted by me, as well as of the 
objects of negotiation at that meeting, in which it was expected that 
our Plenipotentiaries should take part. 

The House will perceive that, even at the date of these instruc- 
tions, the first treaties between some of the Southern Republics had 
been concluded, by which they had stipulated among themselves this 
diplomatic assembly at Panama. And it will be seen with what cau- 
tion, so far as it might concern the policy of the United States, and, 
at the same time, with what frankness and good will towards those 
nations, he gave countenance to their design of inviting the United 
States to tiiis high Assembly for consultation upon American interests,, 
It was not considered a conclusive reason for declining this invitation, 
that the proposal for assembling such a Congress had not first been 
made by ourselves. It had sprung from the urgent, immediate, and 
momentous common interests of the great communities struggling for 
independence, and, as it were, quickening into life. From them the 
proposition to us appeared respectful and friendly; from us to them 
it could scarcely have been made, without exposing ourselves to sus- 
picions of purposes of ambition, if not of domination, more suited to 
rouse resistance and excite distrust, than to conciliate favor and 
friendship. The first and paramount principle upon which it was 
deemed wise and just to lay the corner-stone of all our future rela- 
tions with them was disinterestedness ; the next was cordial good will 
to them; the third was a claim of fair and equal reciprocity. Under 
these impressions, when the invitation was formally and earnestly 
given, had it even been doubtful, whether any of the objects proposed for 
consideration and discussion at the Congress were such as that imme- 
diate and important interests of the United States would be affected 
by the issue, I should, nevertheless, have determined, so far as it 



[68] 116 

depended upon me, to have accepted the invitation, and to have ap- 
pointed ministers to attend the meeting. The proposal itself implied 
that the Republics, by whom it was made, believed that important inte- 
rests of ours or of theirs, rendered our attendance there desirahle. 
They had given us notice, that, in the novelty of their situation, and 
in the spirit of deference to our experience, they would he pleased to 
have the benefit of our friendly counsel. To meet the temper with 
which this proposal was made, with a cold repulse, was not thought 
congenial to that warm interest in their welfare, with which the People 
and Government of the Union had hitherto gone hand in hand through 
the whole progress of their Revolution. To insult them by a refusal 
of their overture, and then invite them to a similar Assembly to he 
called by ourselves, was an expedient which never presented itself to 
the mind. I would have sent Ministers to the Meeting, had it been 
merely to give them such advice as they might have desired, even with 
reference to their own interests, not involving ours. I would have 
sent them had it been merely to explain and set forth to them our 
reasons for declining any proposal of specific measures to which thev 
might desire our concurrence, but which we might deem incompatible 
with our interests or our duties. In the intercourse between nations, 
temper is a missionary, perhaps, more powerful than talent. Nothing 
was ever lost by kind treatment. Nothing ^can he gained by sullen 
repulses and aspiring pretensions. 

But objects of the highest importance, not only to the future welfare 
of the whole human race, but bearing directly upon the special interests 
of this Union, will engage the deliberations of the Congress of Panama, 
whether we arc represented there or not. Others, if we are represented, 
may be offered by our Plenipotentiaries for consideration, having in 
view both these great results — our own interests, and the improvement 
of the condition of man upon earth. It may be, that in the lapse of man} 
centuries, no other opportunity so favorable will be presented to the 
Government of the United States, to subserve the benevolent purposes 
of Divine Providence, to dispense the promised blessings of the Re- 
deemer of mankind ; to promote tlie prevalence, in future ages, of i>cace 
on earth and good will to man, as will now be placed in their power by 
participating in the deliberations of this Congress. 

Among the topics enumerated in official papers, published by the 
Republic of Colombia, and adverted to in the correspondence now com- 
municated to the House, as intended to be presented for discussion at 
Panama, there is scarcely one in which the result of the meeting will 
not deeply affect, the interests of the United States. Even those in 
which the belligerent States alone will take an active part, will have 
a powerful effect upon the state of our relations with the American, 
and probably with the principal European States. Were it merely 
that we might he correctly and speedily informed of the proceedings of 
the Congress, and of the progress and issue of their negotiations. I 
should hold it advisable that we should have an accredited agency with 
them, placed in such confklential relations with the other members, as 
would ensure the authenticity, and flip safe and early transmission, of its 



117 C 6 ^] 

reports. Of the same enumerated topic?, arc the preparation of a mani- 
festo, setting forth to the world the justice of their cause, and the rela- 
tions they desire to hold with other Christian Powers .; and to form a 
convention of navigation and commerce;, applicable both to the confe- 
derated States and to their allies. 

It will be within the recollection of the House, that immediately after 
the close of the war of our Independence, a measure closely analogous to 
this Congress of Panama, was adopted by the Congress of our Confe- 
deration, and for purposes of precisely the same character. Three 
commissioners, with plenipotentiary powers, were appointed to nego- 
tiate treaties of amity, navigation, and commerce, with all the princi* 
pal Powers of Europe. They met, and resided for that purpose about 
one year at Paris : and the only result of their negotiations at that 
time, was the first treaty between the United States and Prussia — me- 
morable in the diplomatic annals of the world, and precious as a mo- 
nument of the principles, in relation to commerce and maritime war- 
fare, with which our country entered upon her career as a member of 
the great family of independent nations. This treaty, prepared in 
conformity with the instructions of the American Plenipotentiaries, 
consecrated three fundamental principles of the foreign intercourse 
which the Congress of that period -w r ere desirous of establishing. First, 
equal reciprocity, and. the mutual stipulation of the privileges of the 
most favored nation in the commercial exchanges of peace ; secondly, 
the abolition of private war upon the ocean ; and, thirdly, restrictions 
favorable to neutral commerce upon belligerent practices, with regard 
to contraband of -war and blockades. A painful, it may be said a ca- 
lamitous experience of more than forty years, has demonstrated the 
deep importance of these same principles, to the peace and prosperity 
of this nation, and to the welfare of all maritime states, and has illus- 
trated the profound wisdom with which they were assumed as cardinal 
points of the policy- of the Union. 

At that time, in the infancy of their political existence, under the 
influence of those principles of liberty and of right, so congenial to the 
cause in which they had just fought and triumphed, they were able but 
to obtain the sanction of one great arid philosophical, though absolute. 
Sovereign, in Europe, to their liberal and enlightened principles. They 
could obtain no more. Since then, a political hurricane has gone over 
three-fourths of the civilized portions of the earth, the desolation of 
which, it may with confidence be expected, is passing away, leaving, 
at least, the American atmosphere purified and refreshed. And now, 
at this propitious moment, the new-born nations of this hemisphere, 
assembling by their representatives at the Isthmus between its two 
Continents, to settle the principles of their future international inter- 
course with other nations and with us, ask, in this great exigency, for 
our advice upon those very fundamental maxims, which we, from our 
cradle, at first proclaimed, and partially succeeded to introduce into 
the code of national law. 

Without recurring to that total prostration of all neutral and com- 
mercial rights which marked the progress of the late European wars, 



£68] 



us 



and which finally involved the United States in them, and adverting 
only to our political relations with these American nations, it is ob- 
servable, that, while in all other respects those relations have been 
uniformly, and, without exception, of the most friendly and mutually 
satisfactory character, the only causes of difference and dissension be- 
tween us and them which ever have arisen, originated in those never- 
failing fountains of discord and irritation, discriminations of commer- 
cial favor to other nations, licentious privateers, and paper blockades. 
I cannot, without doing injustice to the Republics of Buenos AyreB 
and Colombia, forbear to acknowledge the candid and conciliatory 
spirit with which they have repeatedly yielded to our friendly repre- 
sentations and remonstrances on these subjects ; in rcj>ealing discri- 
minative laws which operated to our disadvantage, and in revoking tlic 
commissions of their privateers : to which Colombia has added the 
magnanimity of making reparation for unlawful captures by some of 
her cruisers, and of assenting, in the midst of war, to treaty stipu- 
lations favorable to neutral navigation. But the recurrence of these 
occasions of complaint has rendered the renewal of the discussions 
which result in the removal of them, necessary ; while, in the mean 
time, injuries are sustained by merchants and other individuals of the 
United States, which cannot be repaired, and the remedy lingers in 
overtaking the pernicious operation of the mischief. The settlement 
of general principles, pervading, with equal efficacy, all the American 
States, can alone put an end to these evils, and can alone be accom- 
plished at the proposed assembly. 

If it be true that the noblest treaty of peace ever mentioned in his- 
tory is that by which the Carthagenians were bound to abolish the 
Jtractice of sacrificing their own children, because it was stipulated in 
avor of human nature f I cannot exaggerate to myself the unfading 
glory with which these United States will go forth in the memory of 
future ages> if, by their friendly counsel, by their moral influence, by 
the power of argument and persuasion alone, they can prevail upon 
the American Nations at Panama, to stipulate, by general agreement 
among themselves, and so far as any of them may be concerned, the 
perpetual abolition of private war upon the ocean. And, if we cannot 
yet flatter ourselves that this may be accomplished, as advances to- 
wards it, the establishment of the principle that the friendly flag shall 
cover the cargo, the curtailment of contraband of war, and the pro- 
scription of fictitious paper blockades, engagements which we may 
reasonably hope will not prove impracticable, will, if successfully in- 
culcated, redound proportionally to our honor, and drain the fountain 
of many a future sanguinary war. 

The late President of the United States, in his message to Con- 
gress of the second December, 1823, while announcing the nego- 
tiation then pending with Russia, relating to the Northwest coasl 
of this continent, observed, that the occasion of the discussions to 
which that incident had given rise, had been taken for asserting 
as a principle in which the rights and interests of the United States 
were involved, that the American continents, by the free and indc- 



110 [68] 

pendent condition which they had assumed and maintained, were thence- 
forward not to be considered as subjects for future colonization by 
any European Power. The principle had first been assumed in that ne- 
gotiation with Russia. It rested upon a course of reasoning equally sim- 
ple and conclusive. With the exception of the existing European colo- 
nies, which it was in no wise intended to disturb, the two continents con- 
sisted of several sovereign and independent nations, whose territories 
covered their whole surface. By this, their independent condition, the 
United States enjoyed the right of commercial intercourse with every 
part of their possessions. To attempt the establishment of a colony in 
those possessions would be to usurp, to the exclusion of others, a commer- 
cial intercourse which was the common possession of all. It could not 
be done without encroaching upon existing rights of the United States. 
The Government of Russia has never disputed these positions, nor mani- 
fested the slightest dissatisfaction at their having been taken. Most 
of the new American Republics have declared their entire assent to 
them; and they now propose, among the subjects of consultation at 
Panama, to take into consideration the means of making effectual the 
assertion of that principle, as well as the means of resisting interfer- 
ence from abroad with the domestic concerns of the American Govern^ 
ments. 

In alluding to these means, it would obviously be premature at this 
fime to anticipate that which is offered merely as matter for consult- 
ation; Or to pronounce upon those measures which have been or may- 
be suggested. The purpose of this Government is to concur in none 
which would import hostility to Europe, or justly excite resentment in 
any of her States. Should it be deemed advisable to contract any con- 
ventional engagement on this topic, our views would extend no further 
than to a mutual pledge of the parties to the compact, to maintain the 
principle in application to its own territory, and to permit no colonial 
lodgments or establishment of European jurisdiction upon its own soil; 
and, with respect to the obtrusive interference from abroad, if its fu- 
ture character may be inferred from that which has been, and perhaps 
still is exercised in more than one of the new States, a joint declara- 
tion of its character, and exposure of it to the world, may be proba- 
bly all that the occasion would require. Whether the United States 
should or should not be parties to such a declaration, may justly form 
a part of the deliberation. That there is an evil to be remedied, needs 
little insight into the secret history of late years, to know, and that this 
remedy may best be concerted at the Panama Meeting, deserves at least 
the experiment of consideration. A concert of measures, having re- 
ference to the more effectual abolition of the African Slave Trade, 
and the consideration of the light in which the political condition of 
the Island of Hayti is to he regarded, are also among the subjects 
mentioned by the Minister from the Republic of Colombia, as believed 
to be suitable for deliberation at the Congress. The failure of the 
negotiations with that Republic, undertaken during the late adminis- 
tration, for the suppression of that trade, in compliance with a resolu- 
tion of the House of Representatives, indicates the expediency of lis^ 



[68] 120 

tcning. with respectful attention, to propositions which may contribute 

to the accomplishment of the great end, which was the purpose ol that 
re-olution. while the result of those negotiations will serve as a 
riition to ahstain from pledging this Government to any arrangement 
which might be expected to fail of obtaining the advice and con-rut 
of the Senate, by a constitutional majority to its ratification. 

"Whether the political condition of the Island of Ha}ti shall be 
brought at all Into discussion at the meeting, may be a question for 
preliminary advisement There are in the political constitution of 
Government of that People, circumstances which have hitherto forbid- 
den the acknowledgment of them by the Government of the United 
States, as sovereign and independent. Additional reasons for with- 
holding that acknowledgment, have recently been seen in their accept- 
ance of a nominal sov ereignty, by the grant of a foreign Prince : under 
conditions equivalent to the concession by them, of exclusive commer- 
cial advantages to one nation, adapted altogether to the state of colo- 
nial vassalage, and retaining little of independence but the name. 
Onr Plenipotentiaries will be instructed to present these \ lews to the 
ibry at Panama : and should they not be concurred in, to decline 
acceding to any arrangement which may be proposed upon different 
principles. 

condition of the islands of Cuba and Porto Rico, is of deeper 
import^ and more immediate bearing upon the present interestSj and! 
future prospects of our Union. The correspondence here* ith trans- 
mitted, will show bow earnestly it has engaged the attention of this 
Government The invasion of both those islands by the united forces 
of Mexico and Colombia, is avowedly among the objects to be matur- 
ed by the belligerent States at Panama. The convulsions to which, 
from the peculiar composition of their population, they would be lia- 
ble, in the event of such an invasion, and the danger therefrom result- 
ing of their failing ultimately into the hands of some European pow- 
er, other than Spain, will not admit of our looking at the consequences 
to which t'ji : Panama may lead, with indifference, it i- 

unnecessary to enlarge upon this topic : or to -ay more, than that all 
our efforts in reference to this interest, will be to preserve the existing 
stale of things; the tranquillity of the islands, and the peace and secu- 
rity of their inhabitants. 

And lastly, the Congress of Panama i- believed to present a fair 
occa-ion for urging upon all the new nations of the South, the ji - 
liberal principles of religion- liberty. Not by any interference what- 
ever, in their internal concerns, but by claiming for our citizens, 
whose occupations or interests may call them to occasional residence 
in their territories, the inestimable privilege of worshipping their Crea- 
tor according to the dictates of their own cons< ienees. This privilege, 
sanctioned by the customary law of nations, and secured by treaty 
stipulations in numerous national compacts: secured even to our own 
. itizens in the treaties with Colombia, and with the Federation of Cen- 
tral America, i- yet to be obtained in the other South American States 
and Mexico. Existing prejudices are still struggling against it. 



121 168] 

which may perhaps be more successfully combattetl at this general 
meeting, than at the separate seats of Government of each Republic. 

I caii scarcely deem it otherwise than superfluous, to observe that 
the assembly will be in its nature diplomatic and not legislative. That 
nothing can be transacted there,, obligatory upon any one of the States 
to be represented at the meeting, unless with the express concurrence 
of its own representatives; nor even then, but subject to the ratification 
of its Constitutional authority at home. The faith of the United States 
to Foreign Powers cannot otherwise be pledged. I shall, indeed, in 
the first instance, consider the assembly as merely consultative; and al- 
though the Plenipotentiaries of the United States will be empowered 
to receive and refer to the consideration of their Government, any pro- 
position from the other parties to the meeting, they will be authorized 
to conclude nothing unless subject to the definitive sanction of this Go- 
vernment, in all its constitutional forms. It has therefore seemed to 
Hie unnecessary to insist, that every object to be discussed at the meet- 
ing should be specified with the precision of a judicial sentence or 
enumerated with the exactness of a mathematical demonstration. The 
purpose of the meeting itself, is to deliberate upon the great and com- 
mon interests of several new and neighboring nations. If the measure 
is new and without precedent, so is the situation of the parties to it — 
That the purposes of the meeting are somewhat indefinite, far from 
being an objection to it. is among the cogent reasons for its adoption. 
It is not the establishment of principles of intercourse with one, but with 
even or eight nations at once. That, before they have had the means 
of exchanging ideas and communicating with one another in common, 
Hpon these topics, they should have definitively settled and arranged 
•hem in concert, is to require that the effect should precede the cause. 
It is to exact as a preliminary to the meeting, that for the accomplish- 
ment of which, the meeting itself is designed. 

Among the inquiries which were thought entitled to consideration, 
before the determination was taken to accept the invitation, was that, 
whether the measure might not have a tendency to change the policy, 
hitherto invariably pursued by the United States, of avoiding all en- 
tangling alliances, and all unnecessary foreign connections. 

Mindful of the advice given by the Father of our Country, in his fare- 
well address, that the great rule of conduct for us in regard to foreign 
nations, is. in extending our commercial relations, to have with them 
as little political connexion as possible; and faithfully adhering to the 
spirit of that admonition, I cannot overlook the reflection, that the 
counsel of Washington, in that instance, like all the counsels of wis- 
dom, was founded upon the circumstances in which our country and 

the world around us, were situated, at the time when it was given 

That the reasons assigned by him for his advice, were, that Europe had 
a set of primary interests, which to us had none, or a very remote rela- 
tion. That hence she must he engaged in frequent controversies, the 
rauses of which were essentially foreign to our concerns. That our 
aetached and distant situation, invited and enabled usto pursue a differ- 
ent course. That hv our union and rapid growth, with an efficient 
16 



[ 68 ] 122 

Government, the period was not fur distant, when we might defy ma- 
terial injury from external annoyance ; when we might take such an 
attitude as would cause our neutrality to be respected ; and-, with re- 
ference t-> belligerent nations, might choose peace or war, as our inter- 
ests, guide;! by justice, should .counsel. 

Compare our situation and the circumstances of that time, with 
those ot lii.' present day, and what from the xavy words of Washing- 
ton, then, would he his counsels to his countrymen now? Europe has 
still her set o4 .'primary interests with which we have little or a remote 
relation. Oar distant and detached situation, with reference to Eu- 
rope, remains the same. But we were then the only Independent na- 
tion oi this Hemisphere; and we were surrounded by European Colo- 
• riiesi with the greater part of which we had no more intercourse than 
with tht inhabitants of another planet. Those Colonies have now been 
transformed into eight Independent nations, extending to our very bor- 
ders. Seven of them Republics like ourselves ; with whom we have an 
immensely growing commercial, and must have, and have already im- 
portant political connexions. With reference to whom, our situation is 
neither distant nor detached. Whose political principles and systems 
of Government, congenial with our own, must and will have an action 
and counteraction upon us and ours, to which we cannot be indifferent 
if we would. 

The rapidity of our growth, and the consequent increase of our 
strength, has more than realized the anticipations of this admirable 
political legacy. Thirty- years have nearly elapsed since it was writ- 
ten: and in the interval, our population, our wealth, our territorial 
extension, our power physical and moral, has nearly trebled. Reason- 
ing upon this state of things from the sound and judicious principles 
of Washington, and must we not say, that tiie period which he predict- 
ed as then not far off, has arrived? That America has a set of primary 
interests, which have none, or a remote relation to Europe. That the 
interference of Europe, therefore, in those concerns, should be spon- 
tatteor&ly withheld by her upon the same principles, that we have nev- 
er interfered with hers; and that if she should interfere, as she may, by 
measures which may have a great and dangerous recoil upon ourselves, 
we might be called, in defence of our own altars and lircsides, to take 
an attitude which would cause our neutrality to be respected, and 
chhose peace or war, as our interest, guided by justice, should counsel. 

The acceptance of this invitation, therefore, far from conflicting 
with the counsel or the policy of Washington, is directly deducible from, 
and conformable to it. Nor is it le«s conformable to the views of my 
immediate predecessor, as declared, in his annual message to Congress, 
of the 2d December, 1825, to which I have already adverted, and to 
an important passage of which I invite the attention of the House. 
"The citizens of the United States," said lie, "cherish sentiments the 
«« most friendly in favor of the liberty and happiness of their fellow 
" men on that (the European) side of the Atlantic. In the wars of the 
"European Towers, in mattery relating to themselves, we have never 
* '"taken any part, nor does it comport with our policy so to do. It 



128 [ 68 ] 

* »is only when our rights arc invaded, or seriously menaced, that we 
"resent injuries, or make preparation for our defence. With the 
" movements in this hemisphere, we are of necessity more immediately 
"connected, and by causes which must be obvious to all enlightened 
"and impartial observers. The political system of the Allied Towers, 
" is essentially different in this respect from that of America. This 
et difference proceeds from that which exists in their respective Govern- 
" ments. And to the defence of our own, which has been achieved by 
"the loss of so much blood and treasure, and matured by the wis- 
" dom of their most enlightened citizens; and under which we have 
"enjoyed unexampled felicity, this whole nation is devoted. We 
"owe it, therefore, to candor, and to the amicable, relations subsisting 
" between the United States and those Powers, to declare, that we 
"should consider any attempt on their part, to extend their system to 
" any portion of this hemisphere, as dangerous to our peace and safe- 
" ty. With the existing colonies or dependencies of any European 
"Power, we have not interfered, and shall not interfere. But with 
"the Governments who have declared their Independence, and main- 
"tained it, and whose independence we have, on great consideration, 
" and on just principles acknowledged, we could not view any inter- 
" position, for the purposes of oppressing them, or controlling in any 
"other manner their destiny, by" any European Power, in any other 
"light than as the manifestation of an unfriendly disposition towards 
"the United States. In the war between those new Governments 
"and Spain, we declared our neutrality at the time of their recogni- 
tion, and to this we have adhered, and shall continue to adhere, 
"provided no change shall occur, which, in the judgment of the com- 
" petent authorities of this Government, 1 shall make a corresponding 
" change on the part of the United States indispensable to their se- 
" curity." 

To the question which may be asked, whether this meeting, and 
the principles which may be adjusted and settled by it, as rules of in- 
tercourse between the American nations, may not give umbrage to 
the Holy League of European Powers, or offence to Spain, it is deemed 
a sufficient answer, that our attendance at Panama can give no just 
cause of umbrage or offence to either; and that the United States will 
stipulate nothing there which can give such cause. Here the right of 
inquiryinto our purposes and measures must stop. The Holy Leagi:c 
of Europe itself was formed, without inquiring of the United Stater, 
whether it would, or would not, give umbrage to them. The fear of 
giving umbrage to the Holy League of Europe, was urged as a motive 
for denying to the American nations the acknowledgment of their 
Independence. That it would be viewed by Spain jts hostility to her, 
was not only urged, but directly declared by herself. The Congress 
and administration of that day, consulted their rights and duties, and 
not their fears. Fully determined to give no needless displeasure to any 
Foreign Power, the United States can estimate the probability of their 
giving it, only by the right which any foreign State could have, to take 
it from their measures. Neither the representation of the United State? 



[ 68 ] 124 

at Fanaina, nor any measure to which their assent may be yielded 
there, will give to the Holy League, or any of its members, nor to 
Spain, the right to take offence. For the rest, the United States mast 
still, as heretofore, take counsel from their duties, rather than their 
fears. 

Such arc the objects in which it is expected that the Plenipotentia- 
ries of the United State . when commissioned to attend the meeting at 
the Isthmus, will take part; and such are the motives and purposes, 
with which the invitation of the three Republics was accepted. It 
was, however, as the House will perceive from the correspondence, 
accepted only upon condition, that the nomination of Commissioners 
for the mission should receive the advice and consent of the Senate. 

The concurrence of the House to the measure, by the appropria- 
tions necessary for carrying it into effect, is alike subject to its free 
determination, and indispensable to the fulfilment of the intention. 

That the Congress at Panama will accomplish all, or even any of the 
transcendent benefits to the human race, which warmed the conceptions 
of its first proposer, it were, perhaps, indulging too sanguine a fore- 
cast of events to promise. It is, in its nature, a measure speculative 
and experimental. The blessing of Heaven may turn it to the account 
of human improvement. Accidents unforeseen, and mischances not to 
be anticipated, may baffle all its high purposes, and disappoint its fair- 
est expectations. But the design is great, is benevolent, is humane. 

It looks to the melioration of the condition of man. It is congenial 
with that spirit which prompted the Declaration of our Independence; 
which inspired the preamble of our first treaty with France; which dic- 
tated our first treaty with Prussia, and the instructions under which it 
was negotiated: which filled the hearts and fired the souls of the im- 
mortal founders of our Revolution. 

With this unrestricted exposition of the motives by which I have 
been governed, in this transaction, as well as of the objects to be dis- 
cussed, and of the ends, if possible, to be attained by our representa 
tion at the proposed Congress, I submit the propriety of an appropria- 
tion, to the candid consideration, and enlightened patriotism, of the 
Legislature. 

JOHN QUINCY ADAMS. 



The Secretary of State, to whom the President, has referred that part 
of the resolution of the House of Representatives, of the 3d inst. which 
requests that he would cause to be laid before that House "so much of 
the correspondence between the Government of the United States, and 
the new States of America, or their Ministers, respecting the pro- 
posed Congress, or meeting of Diplomatic Agents at Panama, and of 
such information respecting the general character of that expected 
Congress, as may be in his possession/? has the honor now to report: 

That, during the last Spring, he held, at the Department of Srate. 
separate conferences, on the same day, with the respective Minis 



125 [ 68 ^ 

of Colombia and Mexico, in the course of which, each of them verbally 
stated, that his Government was desirous that the United States should 
be represented at the proposed Congress, and that he was instructed 
•to communicate an invitation to their Government to send representa- 
tives to it; but that, as his Government did not know whether it would 
be agreeable or not to the United States to receive such an invitation, 
and as it was not wished to occasion any embarrassment to them, he 
was charged informally to inquire, previous to the delivery of the in- 
vitation, whether it would be accepted, if given by both of the Republics 
of Mexico and Colombia. It was also stated, by each of those Min- 
isters, that his Government did not expect that the United States 
would change their present neutral policy, nor was it desired that they 
should take part in such of the deliberations of the proposed Congress 
as might relate to the prosecution of the existing war with Spain. 

Having laid before the President what transpired at these confer- 
ences, his direction was received about a week after they had been held, 
to inform the Ministers of Mexico and Colombia, and they were ac- 
cordingly informed, that their communication was received with due 
sensibility to the friendly consideration of the United States by which 
it had been dictated; that, of course, they could not make themselves 
a party to the war between the new States and Spain, nor to councils 
for deliberating on the means of its further prosecution; that the Pre- 
sident believed that such a Congress as was contemplated, might be 
highly useful in settling several important disputed questions of pub- 
lic law, in arranging other matters of deep interest to the American 
Continent, and in strengthening the friendship and amicable inter- 
course between the American Powers; that before such a Congress, 
however, assembled, it appeared to the President to be expedient to 
adjust, between the different Powers to be represented, several preli- 
minary points, such as the subjects to which the attention of the Con- 
gress was to be directed, the nature and the form of the powers to be 
given to the Diplomatic Agents who were to compose it, and the mode 
of its organization and its action. If these preliminary points could 
be arranged in a manner satisfactory to the United States, the Minis- 
ters from Colombia and Mexico were informed that the President 
thought that the United States ought to be represented at Panama. 
Each of those Ministers undertook to transmit to his Government' 
the answer which was thus given to both. 

In this posture the overture remained until the letters were received, 
which accompany this report, from the Ministers of the Republics of 
Mexico and Colombia, under date of the 2d and 3d November, 1825. 
A similar answer was returned to each of those letters, in official notes; 
a copy of one of which is with this report. 

The first and only communication from the Minister of the Repub- 
lic of Central America to this Department, in regard to the Congress 
at Panama, is contained in his official note, a copy of which, together 
with a copy of the answer which was returned, will be found along 
with this report. 

Copies of conventions, containing stipulations respecting the intend- 
ed Congress, are herewith reported, between 



I 68] 126 

The Republic of Colombia ami that of Chili; 

The Republic of Colombia and Peru; 

The Republic of Colombia and the Federation of the Centre of 
America; and 

The Republic of Colombia and the United Mexican States.(l) 

The Secretary of State has also the honor to report to the Presi- > 
dent, extracts from the instructions which were given by the Depart- 1 
ment of State to Mr. Anderson, on the £7th day of May. 1823, and . 
copies of certain parts of the correspondent which, since the las* ses- 
sion of Congress, has taken place between the Executive of the United 
States and the Governments of Russia, France, Spain and Mexico, of 
which a descriptive list accompanies this report. In respect to the 
negotiation which Mr. Middleton was authorized, by the despatch of ' 
the 1 Oth of May last, (2) (one of the papers now reported) o institute at 
St. Petersburg, considering the lapse of time, and the great and la- '• 
mented event which has lately occurred in Europe, perhaps there is no 
adequate reason for refraining from a communication of it to the House, 
which is recommended by its intimate connection with the interests of 
the new Republics. About the same period with the date of that des- 
patch, instructions were given to. Mr. Everett, to inculcate on Spain 
the necessity of peace, and to our Ministers in France and England, 
"to invite the Cabinets of Paris and London to co-operate in the same 
Avork. The hope, not yet abandoned, was indulged, that, by an united 
exertion of all the great Powers, and especially of Russia. Spain 
might be brought to see her true interests in terminating the existing ^ 
war. Other negotiations, growing out of, mk\ subordinate to that . 
which was authorized in the before mentioned despatch of the 10th of 
May. to Mr. Middleton, have been more recently commence*!. Thej 
have, for their object the prevention of disorder in the Spanish islands 
of Cuba and Porto Rico, and also to guard the United States against 
the danger of bad examples and excesses, of which, in the course of 
events, those Islands might become the theatre, as well as the conser- 
vation of our commercial and navigating interests. 
All which is respectfully submitted. 

H. CLAY. 

Department of State, Uth March, 182G. 



(I.) These conventions, communicated to the Senate, in a report of 
of the Secretary of Slate, accompanying the President's Message to the 
Senate, of the 10th of January, 1826. in answer to a resolution of the 
Senate, of the 3d of January. 1826. 

(2.) This letter to Mr. Middleton, of the I0t.li of May. 1825, com- 
municated, with others, to the Senate, at the same, time with the con- 
ventions above mentioned* 



127 [68 3. 

The following document was not communicated to the Senate. 

Extracts of a letter from Mr. Jldams, Secretary of State, to Mr. An- 
derson, Minister Plenipotentiary to Colombia, dated 27th May, 
1823. 

" The revolution which has severed the colonies of Spanish Ame- 
rica from European thraldom, and left them to form self-dependent 
governments as members of "the society of civilized nations, is among 
the most important events in modern history. As a general move- 
ment in human affairs, it is perhaps no more than a development of 
principles first brought into action by the separation of these States from. 
Great Britain, and by the practical illustration given in the formation 
and establishment of our Union, to the doctrine that voluntary 
agreement is the only legitimate source of authority among men; 
and that all just government is a compact. It was impossible that 
such a system as Spain had established over her colonies, should 
stand before the progressive improvement of the understanding in 
this age, or that the light shed upon the whole earth by the results of 
our Revolution should leave in utter darkness the regions immediately 
adjoining upon ourselves. The independence of the Spanish colonies, 
however, has proceeded from other causes, and has been achieved 
upon principles in many respects different from ours. In our Revolu- 
tion the principle of the social compact was from the beginning, in 
immediate issue. It originated in a question of right, between the 
government in Europe, and the subject in America. Our Independ^ 
ence was declared in defence of our liberties, and the attempt to make 
the yoke a yoke of oppression was the cause and the justification for 
casting it off. 

The revolution of the Spanish colonics was not caused by the op- 
pression under which they- had been held, however great it had been. 
Their independence was first forced upon them by the temporary sub- 
jugation of Spain herself to a foreign power. They were by that event, 
cast upon themselves, and compelled to establish governments of their 
own. Spain, through all the vicissitudes of her own revolutions, has 
clung to the desperate hope, of retaining, or of reclaiming them to her 
own control; and has waged, to the extent of her power, a disastrous 
war to that intent. In the mind of every rational man, it has been 
for years apparent that Spain can never succeed to recover her domi- 
nion where it has been abjured, nor is it probable that she can long 
retain the small remnant of her authority yet acknowledged in some 
spots of the South American continent. 

The political course of the United States, from the first dawning 
of South American Independence, has been such as was prescribed by 
their relative duties to all the parties. Being on terms of peace and 
amity with Spain through all the changes of her own government; 
4hey have considered the struggles of the colonies for independence 
as a case of civil wk, to which their national obligations prescribed 
to them to remain neutral. Their policy, their interest, and their feel- 



L t>8 J 128 

ings, all concurred to favor the cause of the colonies; and the principles 
upon which the right of independence has been maintained by the South 
American Patriots, have been approved, not only as identical with 
those upon which our own independence was asserted and achieved, 
but as involving the whole theory of government on the emphatically 
American foundation of the sovereignty of the people, and the un- 
alienable rights of man. To a cause reposing upon this basis, the 
people of this country never could be indifferent, and their sympa- 
thies have accordingly been, with great unanimity and constancy, en- 
listed in its favor. The sentiments of the Government of the United 
States, have been in perfect harmony with those of their people, and 
while forbearing, as their duties of neutrality prescribed, from every 
measure which could justly be construed as hostile to Spain, they 
have exercised all the moral influence which they possessed to coun-. 
tenance and promote the cause of independence. So long as a con- 
test of arms, with a rational or even remote prospect of eventual suc- 
cess was maintained by Spain, the, United States could not recognize 
the independence of the colonies, as existing de facto, without tres- 
passing on their duties to Spain, by assuming as decided that which 
was precisely the question of the war. In the history of South A- 
merican independence, there arc two periods clearly distinguishable 
from each other. The first, that of its origin, when it was rather a 
war of independence against France than against Spain, and the se- 
cond, from the restoration of Ferdinand the Seventh in 1814. Since 
that period, the territories now constituting the Republic of Colom- 
bia have been the only theatre upon which Spain has been able to 
maintain the conflict offensively, with even a probable color of ul- 
timate success. But when in 1815, she made her greatest effort in 
the expedition from Cadiz, commanded by Morillo, Mexico, Peru, 
and Chili, were yet under her authority, and had she succeeded in re- 
ducing the coast of Terra. Firma and New Grenada, the provinces of 
La Plata, divided among themselves, and weakened by the Portu- 
guese occupation of Monte Video, would probably not have held 
out against her long. This at least was the calculation of her 
policy, and from the geographical position of these countries, which 
may be termed the heart of South America, the conclusion might well 
be drawn that if the power of Spain could not be firmly reseated 
there, it must be on her part, a fruitless struggle to maintain her su- 
premacy in any part of the American continent. The expedition of 
Morillo, on its first arrival, was attended with signal success — Car- 
thagena was taken. The whole coast of Terra Firma was occupied, 
and New Grenada was entirely subdued. A remnant of Patriots in 
Venezuela, with their leader Bolivar, returning from expulsion, re- 
vived the cause of independence, and after the campaign of 1819 in 
which they reconquered the whol« of New Grenada, the demonstra- 
tion became complete, that every effort of Spain to recover the South 
American Continent must thenceforward be a desperate waste of her 
own resources, and that the, truest friendship of other nations to her 
would consist in i >aking her sensible that her own interest would be 



129 [68] 

best consulted, by the acknowledgment of that independence which 
sire could no longer effectually dispute. 

To this conclusion the Government of the. United States had at an 
earlier period arrived. But from that emergency, the President has 
considered the question of recognition both in a moral and political 
view, as merely a question of the proper time. While Spain could 
entertain a reasonable hope of maintaining the war, and of recovering 
her authority, the acknowledgment of the Colonies as Independent 
States, would have been a wrong to her ; but she had no right upon 
the strength of this principle to maintain the pretension, after she 
was manifestly disabled from maintaining the contest, and by unrea- 
sonably withholding her acknowledgment, to deprive the Independents 
of their right to demand the acknowledgment of others. To fix upon 
the precise time, — when the duty to respect the prior sovereign right 
of Spain should cease, and that of yielding to the claim of acknow- 
ledgment would commence, was a subject of great delicacy, and 
to the President, of constant and anxious solicitude. It naturally be 
came in the first instance a proper subject of consultation, with other 
Powers, having relations of interests to themselves, with the newly 
opened Countries, as well as influence in the general affairs of Europe. 
In August, 1818, a formal proposal was made to the British Govern- 
ment, for a concerted and cotemporary recognition of the indepen- 
dence of Buenos Ayres. then the only one of the South America States 
which, having declared Independence, had no Spanish force contending 
against it, within its borders ; and where it therefore most unequivo- 
cally existed in fact. The British Government declined accepting the 
proposal themselves, without however expressing any disapprobation 
of it ; without discussing it as a question of principle, and without 
assigning any reason for the refusal, other than that it did riot then 
suit with their policy. It became a subject of consideration at the 
deliberations of the Congress of Aix La Chapelle, in October, 1818. 
There is reason to believe that it disconcerted projects which were 
there entertained of engaging the European Alliance in actual opera- 
tions against the Sohth Americans, as it is well known that a plan for 
their joint mediation, between Spain and her Colonies, for restoring 
them to her authority, was actually matured and finally failed at that 
place, only by the refusal of Great Britain' to accede to the condition 
of employing force eventually against the South Americans, for its 
accomplishment. Soirie dissatisfaction was manifested by several 
members of the Congress at Aix La Chapelle, at this avovval on the 
.part of the United States, of their readiness to recognise the inde- 
pendence of Buenos Ayres. 

The reconquest in the campaign of 1819, of New Grenada to the 
Patriot cause, was immediately followed by the formation of the Repub- 
lic of Colombia, consisting of three great divisions of the preceding 
Spanish Government, Venezuela, Curidinamarca and Quito. It was 
soon succeeded by the dissolution of the Spanish authority in Mexico ; 
by the Revolution in Spain itself; and by the military operations 
which resulted in the Declaration of Independence in Peru. In No* 



[ 68 ] 180 

vember, 1820, was concluded the armistice between tFie Generals 
Morillo and Bolivar, together with a subsequent Treaty, stipulating 
that in case of the renewal of the war, the parties would abstain from 
all hostilities and practices not consistent with the modern Law of 
Nations, and the humane maxims of civilization. In February, 1821, 
the partial Independence of Mexico was proclaimed at Yguala ; and in 
August of the same year was recognized by the Spanish >'ice-Roy 
and Captain General O'Donojn at Cordova. 

The formation of the Republic of Colombia, by the fundamental law 
of 17th December, 1819, was notified to this Government, by its 
Agent, the late Don Manuel Torres, on the 20th of February, 1821, 
with a request that it might be recognized by the Government of tli3 
United States, and a proposal for the negotiation of Treaties of Com • 
mcrce and Navigation, founded upon the bases of reciproad utility and 
perfect equality, as the most efficacious means of strengthening and iii* 
creasing the relations of amity between the two Republics. 

The request and proposal were renewed in a letter from Mr. Torres* 
of the 30th of November, 1821, and again repeated on the 2d of Janu • 
ary, 1822. In the interval, since the first 1 demand, the General Con- 
gress of the new Republic had assembled, and formed a Constitution, 
founded upon the principles of popular representation, and divided into 
Legislative, Executive, and Judicial authorities. The Government 
under this Constitution had been organized, and was in full opera- 
tion; while, during the same period, the principal remnant of the 
Spanish force had been destroyed by the battle of Carabobo, and its 
last fragments were confined to the two places of Torto Cabello and 
Panama. 

Under these circumstances, a resolution of the House of Represen- 
tatives of the United States, on- the 50th of January, 1822, requested 
of the President to lay before the- House the communications from the 
Agents of the United States, with the Governments South of the Uni- 
ted States, which had declared their Independence: and these from 
the Agents of such Governments here, with the Se3rctary of State, 
tending to shew the political condition of their Governments, and the 
state of the war between them and Spain. In transmitting to- the 
House the papers called for by this resolution, the President, by his 
message of 8th March, 1822, declared his own persuasion that the 
time had arrived when, in strict conformity to the law of nations and 
in the fulfilment of the duties of equal and impartial justice to all par- 
ties, the acknowledgment of the Independence declared by the Spanish 
American Colonies could no longer be withheld. Both Houses of 
Congress having almost unanimously concurred with these views of 
the President, an appropriation was made by law, (4th May, 1822. 
for such missions to the Independent Nations on the American Conti- 
nent, as the President should deem proper. 

On the day after the President's message of the 8th of March, the 
Spanish Minister, Anduaga, addressed to this Department a remon- 
strance against the measure which it recommended, and a solemn pro- 
test against the recognition of the Governments mentioned, of the 



131 [68] 

insurgent Spanish Provinces of America. lie was answered on the 
6th of April, by a letter recapitulating the circumstances under which 
the Government of the United States had " yielded to an obligation 
" of duty of the highest order, by recognizing, as Independent States, 
*•' Nations which, after deliberately asserting their right to that char- 
acter, had maintained and established it against all the resistance 
" which had been, or could he, brought to oppose it." On the 24th of 
April, he gave information that the Spanish Government had disa- 
vowed the Treaty of 24th August, 1821, between the Captain General 
O'Donoju and Colonel Iturbide, and liad denied the authority of the 
former to conclude it. 

On the 12th of February, 1822, tfee Spanish Extraordinary Cortes 
adopted the Report of a Committee proposing the appointment of 
Commissioners to proceed to South America to negotiate with the Re- 
volutionary Patriots concerning the relations to be established there- 
after, in regard to their connexion with Spain. They declared, at 
the same time, all Treaties made with them before that time, by Span- 
ish Commanders, implying any acknowledgment of their Independ- 
ence, null and void, as not having been authorized by the Cortes; and 
on the next day, they passed three resolutions, the first annulling, ex- 
pressly, the Treaty between Q*Donoju and Iturbide. 

The second, "That the Spanish Government, by a declaration to 
" all others with which it has friendly relations, make known to them, 
" that the Spanish Nation will regard, at any epoch, as a violation of the 
4 ' treaties, the recognition, either partial or absolute, of the Independence 
" of the Spanish Provinces of Ultra-Mer, so long as the dissensions which 
*' exist between some of them, &nl the Metropolis, are not terminated, 
" with whatever else may serve t© convince foreign Governments, 
''that Spain has not yet renounced any of the rights belonging to it 
" in those countries.'* 

The third resolution recommended to the Government to take all 
necessary measures, and to apply to the Cortes for the needed resour- 
ces, to preserve and recover the authority of Spain in the ultra-marine 
provinces. 

These measures of the Cortes were not known to the President of 
the United States when he sent to Congress his message of the 8th of 
March. But information of them was received while the bill making 
an appropriation for the Missions was before Congress; and, on the 
25th of April, a resolution of the Senate requested of the President 
any information he might have, proper to be disclosed, from our Min- 
ister at Madrid, or from the Spanish Minister resident in this coun- 
try, concerning the views of Spain relative to the recognition of the 
independence of the South American Colonies, and of the dictamen of 
the Spanish Cortes. In answer to this resolution, the letter from Mr. 
Anduaga, protesting against the recognition, and one from Mr. For- 
syth, enclosing a translation of the dictamen, were transmitted to the 
Senate, which, with all these documents before them, gave their con- 
current sanction, with that of the House of Representatives, to the 
passage of the bill of appropriation. 



[68] 



132 



Thi» review of the pFoccedings of the Government of the United 
States in relation to the independence of Spanish America, has been 
taken to shew the consistency of the principles by which they were uni- 
formly dictated, and that they have been always eminently friendly to 
the new Republics, and disinterested. While Spain maintained a 
doubtful contest, with arms, to recover her dominion, it was regarded 
as a civil war. When that contest became so manifestly desperate, 
that Spanish Vice Roys, Governors, and Captain Generals them- 
selves, concluded treaties with the insurgents, virtually acknowledg- 
ing their independence, the United States frankly and unreservedly 
recognized the fact, without making their acknowledgment the price 
of any favor to themselves, and although at the hazard of incurring 
the displeasure of Spain. In this measure they have taken the lead of 
the whole civilized world: for, although the Portuguese Brazilian Gor 
vernment had, a few months before, recognized the Revolutionary 
Government of Buenos Ayres, it was at a moment when a projected 
declaration of their own independence made the question substantially 
their own cause, and it was presented as an equivalent for a recipro- 
cal recognition of their own much more questionable right to the East- 
ern Shore of La Plata. 

On the 17th day of June, 1822, Mr. Manuel Torres was received 
by the President of the United States as the Charge d'Affaires from 
the Republic of Colombia, and the immediate consequence of our re- 
cognition was the axlmission of the vessels of the South American na- 
tions, under their own colors, into the ports of the principal maritime 
nations of Europe. 

The European alliance of Emperors and Kings have assumed, as the 
foundation of human society, the doctrine of unalienable allegiance. 
Our doctrine is founded upon the principle of unalienable right. The 
European allies, therefore, have viewed the cause of the South Ameri- 
cans as rebellion against their lawful sovereign. We have considered 
it as the assertion of natural right. They have invariably shewn their 
disapprobation of the revolution, and their wishes for the restoration of 
the Spanish power. We have as constantly favored the standard of 
independence and of America. In contrasting the principles and the 
motives of the European Powers, as manifested in their policy towards 
South America, with those of the United States, it has not been my 
intention to boast of our superior purity, or to lay a claim of merit to 
any extraordinary favor from South America in return. Disinterest- 
edness must be its own reward; but, in the establishment of our future 
political and commercial intercourse with the new Republics, it will be 
necessary to recur often to the principles in which it originated; they 
will serve to mark the boundaries of the rights which we may justly 
claim in our future relations with them, and to counteract the efforts 
which it cannot be doubted, European negotiators will continue to make 
in the furtherance of their monarchical and monopolizing contempla- 
tions. 

Upon a territory by one-half more extensive than the whole inhabit- 
ed part of the United States, with a population of Jess than four mil* 



13S [68] 

lions of souls, the Republic of Colombia bas undertaken to establish a 
single, and not a confederated Government. 

Whether this attempt will be found practicable in execution, may be 
susceptible of doubt; but in the new organization of society, upon this 
hemisphere, even unsuccessful experiments lead to results by which 
the science of Government is advanced, and the happiness of man is 
promoted. The Republic of Colombia has a constitution deliberately 
formed and adopted upon principles entirely Republican, with an elec- 
tive Legislature in two branches, a distribution of the powers of Go- 
vernment, with the exception of the federative character, almost 
identical with our own, and articles declaratory of the natural rights 
of the citizen to personal security, property, and reputation, and of 
the inviolable liberty of the press. With such a constitution, in such a 
country, the modifications which experience may prove to be necessary 
for rendering the political institutions most effectually competent to 
the ends of civil Government, will rnake their own way by peaceably 
and gradual conquests of public opinion. If a single Government 
should be found inadequate to secure and protect the rights of the peo- 
ple living under it, a federation of Republics may, without difficulty, 
be substituted in its place. Practical effect having once been given to, 
the principle, that lawful Government is a compact, and not a grant ? 
the pretences for resorting to force for effecting political revolutions 
disappear. The subordination of the military to the civil power is the 
only principle yet remaining to be established in Colombia, to ensure 
the liberties of the future generations as well as those of the present 
age; and that subordination, although not directly guarantied by 
their present constitution, is altogether conformable to its spirit. 

In the letter of 20th February, 1821, from the late Mr. Torres, de« 
manding the recognition of the Republic of Colombia, it has been ob? 
served, that the additional proposal was made, of negotiating " treaties, 
"' of navigation and commerce, founded upon the bases of reciprocal 
§< utility and perfect equality, as the most efficacious means of strength- 
*' ening and increasing the relations of amity between the two Repub- 
<' Iks." 

In compliance with this proposal, among the documents furnished 
you, for proceeding upon the mission to which you have been appoint- 
ed, of Minister Plenipotentiary to the Republic of Colombia, is a full 
power which will authorize you to negotiate with any Plenipotentiary 
or Plenipotentiaries of that Government duly provided with like pow- 
ers, such a treaty. The President wishes, however ,» that every step 
in such negotiation should be taken with full deliberation. The trea-r 
ty, if concluded, must, as you are aware, be reserved subject to ratifi- 
cation here, with the advice and consent of the Senate, by the consti- 
tutional majority of two-thirds, as by the constitution of Colombia, 
(article 120,} their treaties, to be valid, must receive the consent and 
approbation of their Congress. 

Our commercial relations with the Colombian Territory, are of s» 
recent origin, and have depended so much upon the revolutionary 
condition of that country, under which they have arisen, that our 



[68] 134 

knowledge ofiheir state and character is very imperfect, although we 
are certain that they are altogether different from those which may 
be expected to arise from permanent interests, when the Independence 
of the Republic shall be universally recognized, and a free trade shall 
he opened to its inhabitants, with all parts of the world. The only 
important point now to he settled, as the radical principle of all our 
future commercial intercourse, is the basis proposed by Mr. Torres, of 
reciprocal utility and perfect equality. As the necessary consequence of 
which, you will claim that, without waiting for the conclusion of a 
treaty, the commerce and navigation of the United State.-, in the ports 
of the Colombian Republic, should be i-eceived on the footing of equali- 
ty with the most favored nation. It is hoped, indeed, that on your 
arrival at the place of your destination, you will find the principle al- 
ready settled; assurances to that effect having been given by the Min- 
ister of Foreign Relations, to Mr. Todd. 

By an act of the Congress of Colombia, of the 25th of September, 
1821, an impost duty of 7h per cent, was laid, upon all articles im- 
ported from any part of America, additional, to the duty upon the like 
articles imported from Europe. This discrimination was mentioned 
to Mr. Torres, at the time of his reception. lie thought it had arisen 
only from an inadvertency, and promised to write concerning it to 
his Government. Mr. Todd was instructed to remonstrate against 
it, which he accordingly did. From his correspondence and confer- 
ences relating to it, with the Colombian Minister of Foreign Rela- 
tions, D*. GuaS. it appears that the object of the law was, to burden 
with heavier duties the indirect trade from Great Britain and France, 
carried on through the medium of the West India Islands, and there- 
by to present to those Powers an inducement to acknowledge the in- 
dependence of the Republic. However just or reasonable this exc- 
ellent might he, with reference to the relations between the Colombian 
people and European nations, it was manifestly injurious to the Unit- 
ed States, nor was its injustice in any manner compensated, by the 
provisions of another law of the Congress of 27th September, 1821, 
allowing a drawback of duties upon re-exportations in their own vessels, 
«f provisions imported from the United States. It is alleged by Dr. 
Gual. that the object of this latter law was to favor the United Slates, 
by facilitating the indirect trade between them and the British Co- 
lonies in the West Indies, the direct trade being then interdicted by 
the laws of the United States and of Great Britain. But this trade 
was carried oirmoj-e advantageously to the United States, by the way 
of the Swedish, Danish, and Dutch Islands, than it could be by that 
ef the Colombian ports, and the object of favoring (heir own shipping 
appears more obviously as the motive of the law, than that of favoring 
the commerce of the United States. The opening of the direct trade 
between the United States and the British Islands, has, at all events, 
rendered all the provisions of the Colombian law of 27th September, 
1821, inoperative; and assurances have been given by l)v. Gual, that, 
at the meeting of the Congress which was to take place in March last, 
measures would be taken for procuring the immediate repeal of the 



185 [68] 

discrimination, to the disadvantage of the United States, prescribed 
by the law of the 25th September. 

The spirit of the Colombian Constitution, is explicitly that of en- 
tire and unqualified independence; and the sentiments expressed by 
J>r, Gual to Mr. Todd, have been altogether conformable to it. He 
has declared, that the intention of the Government is to treat a\\ fo- 
reign nations upon the footing of equal favor and of perfect recipro- 
city. This is all that the United States will require, and this, so far 
as their interests are concerned, they have a right to exact. 

It had been, in the first instance, proposed by Mr. Torres, that the 
Treaty of Commerce and Navigation should be negotiated here, and 
he informed me that a Minister would be appointed, with powers and 
instructions sufficient for concluding it at this place. Dr. Gual has 
informed Mr. Todd, that the Views' of the Colombian Government have 
since undergone a change; and although they have appointed Mr. Sa- 
iazar as Envoy Extraordinary and Minister Plenipotentiary to the 
United States, and in March last he was under instructions to pro- 
ceed forthwith upon his mission to this country, tfrey were nevertheless* 
exceedingly desirous that the Treaty should be* negotiated there. 

The President deems it of no material importance to the United 
States whether Ihe Treaty shall be negotiated at Washington or at 
Bogota: but the proposal having first been made for concluding it here, 
it was natural to inquire what it was that produced tlte change m the 
Wishes of the Colombian Government with regard to the seat of the 
negotiation. Dr. Gual intimated confidentially to Mr. Todd, that it 
had proceeded from two causes; one, the desire to establish & precedent, 
which might prevail upon the great European Governments to nego- 
tiate likewise with the Republic at its own Capital, and thereby has- 
ten them to the recognition of Colombian Independence; and the other 
a jealousy of their own negotiators in Europe, who were apt to be- 
come themselves entangled with European intrigues, and to involve 
the Republic in unsuitable and perplexing engagements.. With re- 
gard to the second of these causes, whatever occasion may have been 
given to the distrust of their own agents which it avows, it could have 
no application to their transaction, with the United States. By assum- 
ing the principles of independence, equality, and reciprocity as the 
foundations of all our negotiations, we discard all the incentives and all 
the opportunities for double dealing, overreaching, and corrupt ca- 
balling. We shall ask nothing which the Colombian Republic can have 
any interest to deny. We shall offer nothing for which she may be un- 
willing to yield the fair equivalent. To the other reason, however, the 
President the more readily accedes, because perceiving its full force, 
it gives him an opportunity of manifesting in action the friendly dispo- 
sition of the United States towards the Republic, and their readiness 
to promote by all proper means the recognition of its Independence, by 
the great European Powers. 

In the negotiation of all commercial Treaties there is undoubtedly 
an advantage, at lea.it of convenience, enjoyed by the party which 
treats at home; and this advantage acquires greater importance, when 



[ 68 ] 186 

as is now the case with both parties, the Treaty to become valid must 
obtain the assent of legislative assemblies. This advantage in the 
ordinary course of things accrues to the party to whom the proposal of 
negotiation is first made. Independent then of all questions of prece- 
dence, and without resorting to the example of the first Treaties nego- 
tiated by the United States, both of which considerations have been 
mentioned by Mr. Todd to Dr. Gual, the United States might insist 
upon having the negotiation concluded here, not only as the first pro- 
posal of it was made to them, but because the proposal itself was that 
it should be concluded here. The President, however, is well aware of 
the stimulus which a Treaty negotiated, and even a negotiation known 
to be in progress at Bogota, will apply to the attention of European 
interests, and has no doubt that it will press them to the recognition 
more powerfully than they have been urged by the example, or are like- 
ly to be by the exhortations of the North American Government. You 
are accordingly furnished, by his direction, with the full power, ne- 
cessary for the conclusion of the Treaty. 

Dr. Gual informed Mr. Todd, that the project of the Treaty was al- 
ready prepared, and that a copy of it would be committed to Mr. Sa- 
lazar, with powers and instructions authorizing him to conclude the ne- 
gotiation, if this Government should insist upon its being completed 
here. The arrival of Mr. Salazar may be expected from day to day. 
In the mean time, we arc yet unacquainted with the particular objects of 
commercial intercourse which the Colombian Government wishes to 
regulate with us by Treaty. The only object which we shall have much 
at heart in the negotiation, will be the sanction by solemn compact of 
the broad and liberal principles of independence, eqxittl favors, and re- 
ciprocity. With this view I recommend to your particular attention the 
preamble, and first four articles of the first Treaty of amity and com- 
merce between the United States and France, concluded on the 6th of 
February, 1778. The preamble is believed to be the first instance oi^ 
the Diplomatic Record of Nations, upon which the true principles of alt 
fair commercial negotiation between Independent States were laid 
down and proclaimed to the world. That preamble was to the foun- 
dation of our commercial intercourse with the rest of mankind, what 
the Declaration of Independence was to that of our internal Govern- 
ment. The two instruments were parts of one and the same system, 
matured by long and anxious deliberation of the founders of tills Union 
in the ever memorable Congress of 1776: and as the Declaration o! 
Independence w r as the fountain of all our municipal institutions;the pre- 
amble to the Treaty with France laid the corner stone for all our sub- 
sequent transactions of intercourse with foreign nations. Its princi- 
ples should be therefore deeply impressed upon the mind of ever} 
statesman and negotiator of this Union, and the first four articles of 
the Treaty with France, contain the practical exposition of those prin- 
ciples which may serve as models for insertion in the projected Trea- 
ty, or in any other that we may hereafter negotiate with any of the 
rising Republics of the South. 

There is indeed a principle of still more expansive liberality, which 



137 [ 68 ] 

may be assumed as the basis of commercial intercourse between na- 
tion and nation. It is that of placing the foreigner, in regard to all 
objects of navigation and commerce, upon a footing of equal favor with 
the native citizen, and to that end, of abolishing all discriminating du- 
ties and charges whatsoever. This principle is altogether congenial 
to the spirit of our institutions, and the main obstacle to its adoption 
consists in this: that the fairness of its operation depends upon its be- 
ing admitted universally. For, while two maritime and commercial 
nations should bind themselves to it &s a compact operative only be- 
tween them, a third Power, might avail itself of its own restrictive and 
discriminating regulations, to secure advantages to its own People, at 
the expense of both the parties to the Treaty. The United States 
have nevertheless made considerable advances in their proposals to 
other nations towards the general establishment of this most liberal of 
all principles of commercial intercourse. 

On the 3d of March, 1815, immediately after the conclusion of our 
late war with Great Britain, an act of Congress, (U. S. Laws vol. 4, 
p. 824,) repealed so much of the discriminating duties of tonnage and 
impost, as were imposed on foreign vessels and merchandise, beyond 
the duties imposed on the same in our own vessels; so far as they re- 
spected the produce or manufacture of the nation to which the foreign 
vessel might belong. The repeal to take effect in favor of any foreign 
nation, whenever the President of the United States should be satis- 
fied that the discriminating or countervailing duties of such foreign 
nation, so far as they operated to the disadvantage of the United States, 
had been abolished. 

On the 3d of July, 1815, (United States Laws, vol. 6, p. 603.) a 
Convention was concluded with Great Britain, by the second article 
of which, this principle was adopted for the commercial intercourse 
between the United States and the British Territories, in Europe ; 
so far as related to duties and charges of tonnage, impost, export, and 
bounties upon articles of the produce or manufacture of the two coun- 
tries, respectively. It was partially admitted for drawbacks. But 
the intercourse between the United States and the British Possessions 
in India was differently regulated by another article of the same Con- 
vention, and that between the United States and the British Colonies 
in America was expressly excepted from the Convention, leaving each 
party to the exercise, in this respect, of its own rights. This Con- 
vention, originally limited to four years, was afterwards, by the Con- 
vention of 20th October, 1818, (United States Laws, vol. 6. p. 607.) 
extended for the term of ten years, from that time. 

On the 4th of September, 1816, (United States Laws, vol. 6. p. 642.) 
a Treaty with Sweden and Norway was concluded, and extended to 
the Swedish Island of St. Bartholomew, in the West Indies ; by the 
second article of which, the same principle is established, of equal 
duties and charges, of tonnage, impost, export, and prohibition, upon 
vessels and their cargoes, being of the produce or manufacture of the 
respective countries, whether in vessels of the foreigner, or the native. 
The duration of this Treaty is limited to the 25th of September, 1826. 
18 



[68 1 138 

On the 20th of April, 1818, (United States Laws, vol. 6. p. 344.) 
an Act of Congress, repealed all discriminating duties of tonnage and 
impost in favor of the vessels of the Netherlands, and their cargoes, 
being of the produce or manufacture of the Territories in Europe, of 
the King of the Netherlands, or "such produce and manufactures as 
" can only be, or most usually are, first shipped from a port or place in 
u the Kingdom aforesaid." Such repeal to take effect from the time 
the Government of the Netherlands had aholished its discriminating 
duties upon the vessels of the United States, and on merchandise im- 
ported in them, being of the produce or manufacture of the United 
States. 

By an Act of 3d March, 1819, in addition to the above, (United 
States Laws, vol. 6. p. 41 1.) it was extended in all its provisions and 
limitations, to the vessels of Prussia, of the City of Hamburg, and of 
the City of Bremen. 

This same act of 3d March, 1819, limited its own duration, and 
that of the act to which it was in addition, and the act of Sd March, 
1815, itself, to the 1st of January, 1824. 

The provisions of the 3d March, 1815, have been extended by Pro- 
clamations of the President of the United States, as follows : — 

1818, 24th July, to the Free and Hanseatic City of Bremen. (Unit- 
ed States Laws, vol. 6. p. 599.) 

1st August, to the Free and Hanseatic City of Hamburg — p. 600 v 
i820, 4th May, the Free and Hanseatic City of Lubeck. — p. 601. 
1821, 20th August, to the Kingdom of Norway. — p. 602. 
22d November, to the Dukedom of Oldenburg. — p. 774. 
You will observe that the acts of 3d March, 1819, admitted the 
vessels of Hamburg and Bremen to advantages more extensive than 
those offered by the act of 3d March, 1815, and which had already 
been secured to them, by the Proclamations of 24th July, and 1st Au- 
gust, 1818. The same enlargement of the favors offered by the act 
of 3d March, 1815, is extended to the vessels of the Netherlands, and 
of Prussia. While Norway has the double security, of the principle 
offered in the act of 3d March, 1815, by the stipulation in the Treaty 
with Sweden, and by the President's Proclamation under the act. 

The proclamation with regard to Norway, was founded on an act 
of the Government of that Kingdom, not extending, however, to Swe- 
den, abolishing all discriminating duties whatsoever, in the Norwegian 
ports, between their own vessels and vessels of the United States, and 
upon their cargoes, of whatsoever origin, and whencesoever coming. 
This is the consummation of the principle of treating the foreigner, in 
respect to navigation and foreign commerce, upon a footing of equal 
favor with the native. The Government of Norway, in adopting 
this regulation, required that it should be reciprocally granted to 
Norwegian vessels and their cargoes in the ports of the United States. 
This, however, could be granted only by an act of Congress; and the 
Proclamation could only extend to them under the Law, that to 
which they were already entitled by the Treaty. 

The subject was submitted to Congress by a message from the Pre- 



139 [68] 

sident, towards the close of the first session of the 17th Congress, 
(1st May, 1822,) and the general policy of our commercial system, 
with particular reference to the act of 3rd March, 1815, and the sub- 
sequent measures resulting from it, had been reviewed in the message 
of 5th December, 1821, at the commencement of the same session. 
The principle offered by the Norwegian Government could not, how- 
ever, then have been accepted, without great disadvantage to the U. 
States. Our direct trade with the British Colonies in America, was 
interdicted by our own and British laws. That with France was un- 
der countervailing regulations of both parties, equivalent to interdic- 
tion. To have granted then to Norwegian vessels, unrestricted admis- 
sion into our ports, upon the same terms with our own, would in fact 
have granted them privileges, which our own did not, and could not 
enjoy. Our own being under the operation of restrictions and prohi- 
bitions, ordained by Britain and France, from which the Norwegian 
vessels would have been exempt. 

Our direct trade with the British American Colonies has since 
been opened, and that with France has been restored ; both, however, 
shackled with countervailing restrictions and regulations, burdensome 
to those by whom it may be carried on. As the act of Congress of 
3rd March, 1815, and all the regulations founded upon it, will ex- 
pire on the first of January next, the whole subject will again be be- 
fore that body at their next session, for revisal. In this state of 
things, it may be perhaps most prudent, in the commercial negotia- 
tions with the Republic of Colombia, to adhere to the principle of 
equal favor to the most friendly nation, leaving that of equal favor 
uith the native, for future consideration and concert between the par- 
ties. 

To the same extent, however, as we are already bound by treaty 
with Great Britain, until October, 1828, and with Sweden, until Sep- 
tember, 1 826, you may safely proceed : taking the second article of 
each of those compacts for a model, and forming an article embracing 
the stipulations of both. Thus 'far we may safely go with any one, or 
more foreign nations, without endangering, by the liberality of our 
engagements with them, the interests of our own country, to he affect- 
ed by the restrictive ordinances of others. An exception must he 
made with regard to the ports of St. Augustine, and Pensacola, where, 
by the 15th article of the late treaty with Spain, special privileges 
are secured to Spanish vessels, until the 22d of May, 1833. 

Among the usual objects of negotiation in treaties of commerce 
and navigation, are the liberty of conscience, and of religious wor- 
ship. Articles to this effect have been seldom admitted in Roman Ca- 
tholic countries, and are even interdicted by the present constitution 
of Spain. The South American Republics have been too much under, 
the influence of the same intolerant spirit; but the Colombian Consti- 
tution is honorably distinguished by exemption from it. The 10th 
and 11th articles of our treaty with Prussia, or articles to the like ef- 
fect, may be proposed for insertion in the projected treaty ; and after 
setting the first example in South America, of a Constitution unsullied 



[68] 140 

by prohibitions of religious liberty, Colombia will deserve new ho- 
nors in the veneration of present and future ages, by giving her po- 
sitive sanction to the freedom of conscience, and by stipulating it in 
her first treaty with these United States. It is, in truth, an essential 
part of the system of American Independence. Civil, political, com- 
mercial, and religious liberty, are but various modifications, of one 
great principle, founded in tbe unalienable rights of human nature, 
and before the universal application of which, the Colonial Domina- 
tion of Europe, over the American hemisphere, has fallen, and is 
crumbling into dust. Civil liberty can be established on no founda- 
tion of human reason, which will not at the same time demonstrate 
the right to religious freedom. The tendency of the spirit of the age 
is so strong towards religious liberty, that we cannot doubt it will 
soon banish from the Constitutions of the Southern Republics of this 
hemisphere, all those intolerant religious establishments, with which 
they have hitherto been trammelled. Religious and military coer- 
cion will be alike discarded from all the institutions framed for the 
protection of human rights, in civil society of independent nations ; 
and the freedom of opinion and of faith, will be guarantied by the 
same sanction as the rights to personal liberty and security. To pro- 
mote this event by all the moral influence which we can exercise, 
whether of example, of friendly counsel, or of persuasion, is among 
the duties which devolve upon us in the formation of our future rela- 
tions with our Southern neighbors ; and in the intercourse which is 
hereafter to subsist between us, as their citizens, who may visit, or 
transiently reside with us, will enjoy the benefit of religious freedom 
in its utmost latitude; we are bound to claim for our countrymen, who 
may occasionally dwell for a time with them, the reciprocal exercise 
of the same natural rights. 

In the present imperfect state of our information with regard to 
the existing commerce between the two countries, and the uncertain- 
ty what its future and permanent relations may be, it would be use- 
less to enter into any further detail of articles, which it may be pro- 
per to propose for the intended treaty of commerce. The Republic of 
Colombia, if permanently organized, to embrace the whole territory 
which it now claims and blessed with a government, effectually pro- 
tective of the rights of its people, is undoubtedly destined to become 
hereafter one of the mightiest nations of the earth. Its central posi- 
tion upon tbe surface of the globe; directly communicating at once 
with the Pacific and Atlantic Oceans, north and south, with the Ca- 
ribbean sea, and the Gulf of Mexico, brings it into relations of prox- 
imity with every other part of the world, while the number and vari- 
ety of* its ports, on every sea by which it is surrounded; the magni- 
tude and extent of its navigable rivers, three of which, the Amazon, 
the Orinoco, and the Magdalena, are among the largest in the world, 
intersecting with numberless tributary streams, and in every direc^ 
tion the continent of South America, and furnishing the means of 
water-communications from every point of its circumference, to every 
spot upon its surface: the fertility of its soil, the general healthiness 



141 [68] 

and beauty of its climate; the profusion with which it breeds and 
bears the precious, and the useful metals, present a combination of 
elements, unparalleled in the location of the human race; and relieve 
at least from all charge of enthusiasm, the sentiment expressed by 
the late Mr. Torres, that this republic appeared to have been destin- 
ed by the author of nature, »* as the centre and the Empire of the hu- 
man family." 

Bur it is to man, placed in a Paradise like this, that nature with 
her loudest voice exclaims: " God to thee has done his part- — do thine," 
and the part of man so gifted, and so endowed, is to enjoy, and to 
communicate the bounties of Providence, so largely lavished upon 
him; and not to fancy himself destined to the Empire of the human 
family. If the natural advantages bestowed upon the Colombian ter- 
ritory, were tu be improved by its inhabitants, only for purposes of 
empire, that, which nature has bestowed as a blessing upon them, 
would, in its consequences, prove a curse inflicted upon the rest of 
mankind. The territory of Colombia contains at this moment, little 
more than three millions and a-half of souls. Were it only as popu- 
lous as its late parent country, Spain, it would bear one hundred mil- 
lions, and if as populous as France, nearly three times that number, 
At the most rapid rate of increase, which human population has ever 
attained, even a doubling every quarter of a century, the Republic of 
Colombia, for two hundred years to come, may devote all her exer- 
tions to the improvement of her internal means of subsistence, for the 
multiplying myriads of her people, without seeking support from the 
extension of her empire beyond her own holders. Let her look to 
commerce and navigation, and not to empire, as her means of commu- 
nication with the rest of the human family. Those are the principles 
upon which our confederated Republic is founded, and they are those 
upon which we hope our sisters of the southern continent will ulti- 
mately perceive it to be for their own welfare, no less than for that of 
the world, that they should found themselves. 

The materiuls of commercial intercourse, between the United 
States and the Colombian Republic, are at present not many. Our 
exports to it hitherto, have been confined to flour, rice, salted provi- 
sions, lumber, a few manufactured articles, warlike stores, and arm? ? 
and some East India productions, for which we have received cocoa, 
coffee, indigo, hides, copper, and specie. Much of this trade has ori- 
ginated and has continued, only by the war in which that country 
has been engaged, and will cease with it. As producing and navigat- 
ing nations, the United States and Colombia will be rather compe- 
titors and rivals than customers to each other. But as navigators and 
manufacturers, we are already so far advanced in a career, upon 
which they are yet to enter, that we may for many years after the 
conclusion of the war, maintain with them a commercial intercourse, 
highly beneficial to both parties, as carriers to and for them of nu*- 
merous articles of manufacture and of foreign produce. It is the na- 
ture of commerce, when unobstructed by the interference of author^ 



[68] 142 

ty, to find its own channels, and to make its own way. Let us only 
not undertake to regulate that which will best regulate itself. 

In the conferences between Dr. Gual and Mr. Todd, the Colom- 
bian Minister of Foreign Affairs has spoken of treaties, almost trea- 
ties of alliance, concluded by the Colombian Plenipotentiary, Mos- 
quera. with thegovernmentsuf Peru and of Chili, and which he expect- 
ed would also be shortly concluded with Buenos Ayres. The purport 
of these treaties, was mentioned by Dr. Gual only in general terms, 
but he said that Mr. Salazar would be authorized to communicate 
copies of them to this government, and eventually to propose that the 
United States should accede to them, or take a part in the system, 
which it was their purpose to originate. In January last, about the 
same time when Dr. Gual was making this confidential communica- 
tion to Mr. Todd, we learn by despatches from Mr. Forbes, that 
Mr. Mosquera was at Buenos Ayres, and Ind made his proposals of 
negotiation to the government there. Mr. Forbes speaks doubtfully of 
his prospects of success. The general intention, but not the specific 
purport of the treaties, had also been communicated by Mr. Mosque- 
ra to Mr. Forbes. But the Colombian Minister had been more con- 
fidential with Mr. Prevost, who, in a despatch dated the 14th of De- 
cember last, states that he had obtained a sight of the original treaty. 
He describes it in a preceding letter, as a treaty of alliance, offen- 
sive and defensive, containing " a pledge from each of the contract- 
ing parties, to send deputies to the Isthmus, within a limited time, 
for the double purpose of effecting an union in support of a represen- 
tative system throughout, and of preventing partial associations with 
any one of the Powers in Europe. An agent, (he adds) has gone to 
Mexico with the same object, and it is in contemplation, as soon as 
the several treaties shall be ratified by Colombia, to invite a repre- 
sentation from the United States, to preside at a meeting intended to 
assimilate the politics of the south with those of the north^ and in a 
letter of 14th December, after having seen the treaty, he says, "it 
embraces in the most express terms, the several objects to which I 
alluded, together with a stipulation, not to enter into partial ar- 
rangements with Spain, and not to listen to overtures on her part* 
unaccompanied with an acknowledgment of the independence of all." 

Mr. Prevost, as well as Dr. Gual, entertains higher expectations of 
the success of this negotiation at Buenos Ayres, than Mr. Forhes. 
Mr. Prevost thinks that it must succeed, although the Government 
of Buenos Ayres is secretly averse to it, and implicated in secret 
intrigues with the Portuguese Government and General Le Cor, for 
a confederacy of a different character. Dr. Guql told Mr. Todd that 
proposals had been made by the Portuguese Government at Lisbon., 
to Colombia, for a general confederacy of all America. North and 
South, together with the Constitutional Governments of Portugal and 
Spain as a counterpoise to the European Holy Mliance; but he said 
they had been rejected on account of their European aspect. Loose 
and indefinite projects of the same kind *iave been presented by the 
present Portuguese Government to us, but they have never been con- 



*43 [68 1 

aidered even as objects of deliberation: Brazil has declared its own 
Independence of Portugal, and constituted itself into an Empire with 
an Emperor at its head. General Le Cor has lost the real command 
of his own army, and has been, or cannot fail shortly to be compelled 
to embark, with all his European Portuguese troops, for Lisbon. 
Then will come the question bptween Buenos Ayres and Brazil, for 
Monte Video and the Oriental Band of La Plata. 

Of this mighty movement in human affairs, mightier far than that 
of the downfal of the Roman Empire, the United States may continue 
to be, as they have been hitherto, the tranquil, but deeply attentive 
spectators. They may, also, in the various vicissitudes, by which it 
must be followed, be called to assume a more active and leading part 
in its progress. Floating, undigested purposes of this great Ameri- 
can confederation, have been for sometime fermenting in the imagin- 
ations of many speculative statesmen, nor is the idea to be disdain- 
fully rejected, because its magnitude may appal the understanding of 
politicians accustomed to the more minute, but more complicated 
machinery of a contracted political standard. 

So far as the proposed Colombian confederacy has for its object a 
combined system of total and unqualified Independence of Europe, to 
the exclusion of all partial compositions, of any one of the emanci- 
pated colonies, with Spain, it will have the entire approbation and 
good wishes of the United States, but will require no special agency 
of theirs to carry it into effect. 

So far as its purposes may be to concert a general system of popu- 
lar representation for the government of the several Independent 
States which are floating from the wreck of the Spanish power in 
America, the United States will still cheer it with their approbation, 
and speed with their good wishes its success. 

And so far as its objects may be to accomplish a meeting, at which 
the United States should preside, to assimilate the politics of the 
South with those of the North, a more particular and definite view of 
the end proposed by this design, and of the means by which it is to 
be effected, will be necessary to enable us to determine upon our con- 
currence with it. An agent from France, named Molien, and Mr. 
Loricb, the Consul General of Sweden in the United States, arrived 
at Bogota, in January last. Dr. Glial told Mr. Todd that Molien 
had no letters or avowed powers, though he had intimated he was 
there by authority; that he was considered as a spy on behalf of a 
faction in France. •' He had insinuated Uial the United States were 
influenced by interested motives, in recognizing the New Governments 
in South America; that our iiifluen.ee in Europe had been impaired by 
a measure which was considered premature; and that he supposed we 
were now endeavoring to procure exclusive advantages for having 
been the first to recognize." And Dr. Gual added, that Mr. Molien 
undertook " to give him some advice as to our views" — Mr. Lorich 
came with authority. 

The political systems of Europe are all founded upon partial rights 
and exclusive privileges. The colonial system had no other basis? 



[ 68 j 144 

and having no generous or liberal views of their own, it is not sur- 
prising that they should entertain and disseminate suspicions of the 
disinterestedness of others. The French Government sends an agent 
to Bogota, without daring to trust him with a credential or an avowed 
power; and he executes his commission by misrepresenting our mo- 
tives, upon suspicions, which those to whom he makes the misrepre- 
sentation, know to be unfounded, and by testifying to those who 
were benefitted by our recognition, that we had made it, by the sacri- 
fice of some part of our influence in Europe. It must be admitted 
that the address of the agent in the performance of his trust, was 
upon a level with the candor and frankness in which it originated. 

We are well aware that our recognition of South American Inde- 
pendence was not palatable to the taste of any of the European Go- 
vernments. But we frit that it was a subject upon which it became 
us to take the lead, and as we knew that the European Governments, 
sooner or later, must and would whether with good or with bad 
grace, follow our example, we determined that both Europe and 
America should have the benefit of it. We hope, also, and this is the 
only return which we ask, and have a right to ask, from the South 
Americans for our forwardness in their favor, that Europe will be 
compelled to follow the whole of our example; that is, to recognize 
without condition and without equivalent. We claim no exclusive 
privilege for ourselves. We trust to the sense of justice, as well as 
to the interest of the South Americans, the denial of all exclusive 
privileges to others. The Colombian Government, at various times, 
have manifested a desire that the United States should take <-ome 
further and active part in obtaining the recognition of their Independ- 
ence by the European Governments, and particularly by Great Bri- 
tain. This has been done even before it was solicited. All the Minis- 
ters of the United States in Europe, have, for many years, been in- 
structed to promote the cause, by any means consistent with pro- 
priety, and adapted to their end, at the respective places of their 
residence. The formal proposal of a concerted recognition was made 
to Great Britain before the Congress of Aix La Chapelle. At the 
request of Mr. Torres, on his dying bed, and signified to us after his 
decease, Mr. Rush was instructed to give every aid in his power, 
without offence to the British Government, to obtain the admission 
of Mr. Ravenga; of which instruction, we have recent assurances 
from Mr. Rush that he is constantly mindful. Our own recognition 
undoubtedly opened all the ports of Europe to the Colombian flag, 
and your mission to Colombia, as well as those to Buenos Ayres and 
Chili, cannot fail to stimulate the Cabinets of maritime Europe, if 
not by the liberal motives which influenced us, at least by selfish im- 
pulses, to a direct, simple, and unconditional recognition. We shall 
pursue this policy steadily through all the changes to be foreseen, of 
European affairs. There is every reason to believe that the pre- 
ponderating tendency of the war in Spain, will be to promote the 
universal recognition of all the South American Governments; and at 
all events, our course will be to promote it by whatever influence we 
may possess. v 



145 [68] 

*'t)ne of the complaints of Mr. Lowry, was relative to the case of 
the ship Caravan from Providence, raptured by a Colombian cruizer, 
and carried into La Guayra. where the vessel had been cleared as 
neutral; and the cargo condemned as enemy's property. Mr. Lowry 
had invoked the stipulations of various treaties establishing and re- 
cognizing the principle that free ships make free goods; the applica- 
tion of which is denied by Dr. Gual, who appealed I to the instructions 
from Mr Pickering, in 1797, to Messrs. Marshall, Pinckney, and 
Gerry, our Envoys in France. 

By the general usage of nations, independent of treaty stipulations, 
the property of an enemy is liable to capture in the vessel of a friend. 
It is not possible to justify this rule upon any sound principle of the 
law of nature; for, by that law, the belligerent party has no right 
to pursue or attack his enemy without the jurisdiction of either of 
them. The high seas are a general jurisdiction common to all, qua- 
lified by a special jurisdiction of each nation over its own vessels. 
As the theatre of general and common jurisdiction, the vessels of 
one nation and their commanders have no right to exercise over 
those of another any act of authority whatsoever. This is univer- 
sally admitted in time of peace. War gives the belligerent a right 
to pursue his enemy within the jurisdiction common to both: but not 
into the special jurisdiction of the neutral party. If the belligerent 
has a right to take the property of his enemy on the seas, the neutral 
has a right to carry and protect the property of his friend oti the same 
element. War gives the belligerent no natural right to take the pro- 
perty of his enemy from the vessel of his friend. But as the belli- 
gerent is armed, and the neutral* as such, is defenceless, it has grown 
into usage tlr>t the belligerent should take the property of his enemy ; 
paying the ^rtStQtral his freight and submitting the question of facts to 
the tribunals of the belligerent party. It is evident, however, that 
this usage has no foundation in natural right, but has arisen merely 
from force, used by the belligerent, and which the neutral in the ori- 
gin did not resist because he had not the power. But it is a usage, 
harsh and cruel in its operation, and unjust in its nature : and it ne- 
ver fails in time of maritime war to produce irritation and animosity 
between the belligerent and the neutral. So universally has this 
been found to be its consequence, that all the maritime nations of mo- 
dern Europe have shown their sense of it, by stipulating in treaties 
the contrary principle namely, that the property of an enemy shall 
be protected in the vessel of a friend Great Britain herself, the most 
unwilling to admit this principle, because the most enabled to use the 
force, upon which the usage is founded, has recognized the superior 
justice and expediency of the other principle, by stipulating it at dis- 
tant intervals of time, in two treaties with France; the treaty of 
Utrecht, and the treaty of Commerce, of 1786. In the seven years 
war, the king of Prussia resisted the capture by British vessels, of 
the property of their enemies, in the vessels of his subjects, then neu- 
trals, and made reprisals upon British property for such captures. 
The question was then ultimately settled by a compromise, under 
19 



[68] 



146 



which the British Gorernmcnt paid a large sum of money for indem- 
nity to the Prussian subjects who had suffered by those raptures. 
The armed neutrality of the American war, is a memorable example 
of the testimony by all the civilized nations of the world, to the prin- 
ciple, that the protection of all property, excepting contraband of 
war, on board of neutral vessels, by neutral force, is of natural right 
— and of this principle there can be no question. If, however, a 
belligerent power, founded upon the usage which has superseded the 
natural right, practices the seizure and condemnation of enemy's pro- 
perty found in the vessel of a friend, it remains for the neutral to de- 
cide, whether he wjll acquiesce in the usage, or whether he will main- 
tain his natural right by force. No neutral nation is bound to sub- 
mit to the usage: for it has none of the properties which can give to 
any usage the sanction of obligatory law. It is not reasonable. It 
is not conformable to the law of nature. It is not uninterrupted. 
But reduced to the option of maintaining its right by force, or of ac- 
quiescing in the disturbance of it which has been usual, the neutral 
nation may yield at one time to the usage, without sacrificing her 
right to vindicate by force the security of her flag at another. And 
the belligerent nation, although disposed to admit the right of neu- 
trals to protect the property of her enemy upon the seas, may yet 
justly refuse the benefit of this principle, unless admitted also by t lie 
enemy, for the protection of her property, by the same neutral flag. 
Thus stands the state of this question upon the foundations of natural, 
voluntary, and customary law. How stands it between us and the 
Republic of Colombia, on the ground of conventional law? By a 
treaty between the United States and Spain, concluded at a time 
when Colombia was a part of the Spanish dominions, and so far as 
the Spanish laws would admit, enjoyed the benefit of its stipulations, 
the principle that free ships make free goods, was expressly recog- 
nized and established. Is it asserted that by her declaration of in- 
dependence, Colombia has been entirely released from all the obliga- 
tions, by which as a part of the Spanish nation she was bound to 
other nations? This principle is not tenable. To all the engage- 
ments of Spain with other nations, affecting their rights and inter- 
ests, Colombia, so far as she was affected by them, remains bound 
in honor and injustice. The stipulation now referred to is of that 
character, and the United States, besides the natural right of pro- 
tecting by force, in their vessels on the seas, the property of their 
friends, though enemies of the Republic of Colombia, have the addi- 
tional claim to the benefit of the principle, by an express compact 
with Spain, made when Colombia was a Spanish country. Again, 
by the late treaty of 22d February, 1819, between the United States 
and Spain, it is agreed that the 15th article of the treaty of 1795, in 
which ii is stipulated that the Hag shall cover the property, shall be 
so understood with respect to those Powers, who recognize the prin- 
ciple : but, if either of the two contracting parties shall be at war 
with a third party, and the other neutral, the flag of the neutral shall 
cover the property of enemies whose governments acknowledge the 
principle, and not of others. 



147 [68 ] 

This Treaty having been concluded after the Territories now com- 
posing the Republic of Colombia had ceased to acknowledge the 
authority of Spain, they are not parties to it, but their rights and. 
duties in relation to the subject-matter remain as they had existed 
before it was made. Nor will she be affected by it at all, if she con- 
tinues to acknowledge in her new national character, and with refer- 
ence to the United States, the principle th at free ships make free goods, 
which was the Conventional law between them while Colombia was a 
part of Spain. 

You will urge all these considerations upon the Colombian Minister 
of foreign affairs, to obtain restitution of the cargo of the Caravan, 
or indemnity for it. The claim rests upon foundations so solid, that 
it is earnestly hoped your representations in its favor will be success- 
ful ; and in the negotiation of the Treaty you will press in like 
manner for the insertion of an article of the same purport as that of 
our last treaty with Spain above recited. This principle can with 
safety be recognized only to that extent ; and to that extent the United 
States would willingly assent to it with every other nation It is a prin- 
ciple favorable to the rights of peace, and of pacific spirit and ten- 
dency. It is recommended by every humane and liberal consideration, 
as a rule of universal application. But the nation which would enjoy 
the benefit of it, as a neutral, or as a passive belligerent, resorting to 
the neutral flag, must also recognize it as an active belligerent, and 
suffer the property of her enemy to be conveyed safely by the same 
flag which safely conveys hers ; otherwise the liberal principle of itself 
is turned to the advantage of the belligerent which rejects it, and the 
mild spirit of Peace is made subservient to the unfeeling rapacity of 
War. 

A resolution of the House of Representatives of the late Session of 
Congress, requests the President of the United States to enter upon 
and to prosecute, from time to time, such negotiations with the several 
maritime powers of Europe and America, as he may deem expedient 
for the effectual abolition of the African Slave Trade ; and its ultimate 
denunciation as Firacij, under the Law of Nations, by the consent of 
the civilized world. 

In pursuance of this object you will communicate to the Colombian 
Government copies of the several acts of our Congress, for the sup- 
pression of the Slave-trade, of the 20th of April, 1818, (United States 
laws, vol. vi. p. 325.) of 3d March, 1819, (p. 435.)and of 15th May, 
1820, (p. 529.) pointing their attention particularly to the fourth and 
fifth sections of the last, which subject to the penalties of piracy every 
eitizen of the United States guilty of active participation in the Afri- 
ean slave-trade. The adoption of this principle in the Legislative 
code of all the maritime nations, would, of itself, probably suffice for 
the suppression of the trade. But, as it would yet not authorize the 
armed vessels of any one nation to capture those of another, engaged in 
the trade, a stipulation to that effect may be agreed to by the Treaty, 
conditioned that the captor shall deliver over the captured party to the 
fc'ibunals of his own country for trial, to which should be added some 



[ 68 ] 148 

guard of responsibility upon the capturing officer, to prevent the 
abusive exercise of his power. 

There are several cases of claims by citizens of the United States 
upon the Colombian Government, which were given in charge to Mr. 
Todd, and concerning which he has been often promised by Dr. Glial, 
that satisfactory proceedings would be had. Some of them are already 
of several years standing, and indemnity was acknowledged to be due 
upon them so long since as when the late Commodore Perry was at 
Angostura. Mr. Todd will put you in possession of the papers relating 
to them, and you will follow up the demand of indemnities with all the 
earnestness and perseverance which their justice and the delays alrea- 
dy interposed may require. 

Most of them are complaints which have arisen from maritime 
captures. Before the establishment of the Republic of Colombia, the 
Venezuelan Revolutionary authorities, for some time countenaced an 
irregular system of maritime warfare, which soon degenerated into 
absolute piracy. It became a subject of very earnest remonstrance 
by the Government of the United States, whose citizens suffered se- 
verely under its depredations, whose laws were continually outraged 
by its operative agents, and whose good faith and justice towards 
other nations it tended very seriously to implicate. Since the orga- 
nization of the new Republic, there has been less reason for complaints, 
but satisfaction has not yet been made foi* those which had arisen be- 
fore. A list of the rases committed to Mr. Todd, and copies of papers 
recently received at this Department, from the Delaware Insurance 
Company at Philadelphia, relating to the schooner Minerva, are now 
furnished you. 

In this case of the Minerva, the sentence is given by an Assessor, 
acting as a Court of Admiralty ; and confirmed by the Commandant 
General of Marine at Santa Martha. It refers to the 1 9th article of 
an ordinance of 4th March, 1817, which is no doubt a law relating 
to prizes. You are requested to procure and transmit to this Depart- 
ment a copy of that ordinance, and also exact information of the 
organization of the Admiralty Courts, and any laws relating to prize 
or privateering which may be in force, whether Spanish law con- 
tinued, or new law promulgated since the Revolution. 

Our intercourse with the Republic of Colombia, and with the Ter- 
ritories of which it is composed, is of recent origin, formed, while their 
own condition was altogether revolutionary, and continually chang- 
ing its aspect. Our information concerning them is imperfect, and 
among the most important objects of your mission will be that of 
adding to its stores; of exploring the untrodden ground, and of col- 
lecting and transmitting to us the knowledge by which the friendly re- 
lations between the two countries may be extended and harmonized to 
promote the welfare of both, with due regard to the peace and good 
will of the whole family of civilized man. It is highly important 
that the first foundations of the permanent future intercourse between 
the two countries should be laid in principles, benevolent and liberal 
in themselves, congenial to the spirit of our institutions, and con- 
sistent with the duties of universal philanthropy. 



149 [frS] 

In all your consultations with the Government to which you will be 
accredited, bearing upon its political relations with this Union, your 
unvarying standard will be the spirit of independence and of freedom, 
as equality of rights and favor's will be that of its. commercial rela- 
tions. The emancipation of the South American Continent, opens to 
the whole race of man prospects of futurity, in which this Union will 
be called, in the discharge of its duties to itself and to unnumbered 
ages of posterity, to take a conspicuous and leading part. It involves 
all that is precious in hope, and all that is desirable in existence, to 
the countless millions of our fellow creatures, which, in the progres- 
sive revolution of time, this hemisphere is destined to rear and to main- 
tain. 

That the fabric of our social connections with our Southern neigh- 
bors may rise, in the lapse of years, with a grandeur and harmony of 
proportion corresponding with the magnificence of the means, placed 
by Providence in our power, and in that of our descendants, its founda- 
tions must be laid in principles of politics and of morals, new and dis- 
tasteful to the thrones and dominations of the elder- world; but co-ex- 
tensive with the surface of the globe, and lasting as the changes of 
time." 



The following documents were not communicated to the House of Re- 
presentatives: 

Mr. Mddleton to Mr. Clay.* 

St. Petersburg, 1 5th, (27 th July J 1825. 

Sir : I had the honor of receiving your despatch, No. 1, on the 28th 
June, (0. S.) The Emperor was, at that period, absent from this re- 
sidence, but expected about the 5th of the present month. Count Nes- 
selrode had preceded him by a few days, and had announced by a cir- 
cular letter, dated 24th June, that he had resumed the direction of the 
Imperial Ministry of Foreign Affairs. 

I conceived it would be best to lose no time in opening the matter 
committed to my care by your instructions in the despatch above men- 
tioned. After having carefully weighed what would be the best mode 
of proceeding, I mentioned to the Count the purport of the instruc- 
tions. He gave me, at first, no great encouragement, adverting to the 
essential difference in our way of thinking on the question between 
Spain and her colonies. I begged leave, however, to furnish him with 
a copy of the despatch, (as you had permitted,) in order that he might 
lay it before the Emperor. Accordingly, on the second of July, a 
copy of your instructions, together with a short introductory note, 
was sent in. (See the accompanying paper.) 

I conclude, from my knowledge of the modes of proceeding in all 
matters of general concern, that the proposition is in consideration 

* See ante page 37. 



[ 68 ] 150 

between the allies; it being a fundamental maxim with them not to 
take any determination in matters affecting the general policy, with- 
out the mutual consent of the parties to this alliance. 

I trust that I need not add, that every endeavor shall be made, on 
n\y part, to give effect to your proposition. 
I have the honor to he, sir, 

Very faithfully, your obd't serv't, 

HENRY MIDDLETON. 



Mr. Claij to Mr. Middleton.* 

Department of State, 

Washington, 26th December, 1825. 

Sir : Your despatches, No. 48 and 49, have been duly received, and 
submitted to the President. He sees, with much satisfaction, that the 
appeal which has been made through you to the Emperor of Russia, 
to employ his friendly offices in the endeavor to bring about a peace 
between Spain and the new American Republics, has not been without 
favorable effect. Considering the intimate and friendly relations which 
exist between the Emperor and his allies, it was perhaps not to be 
expected, that, previous to consultations with them, language more 
explicit should be held, than that which is contained in Count ?<essel- 
rode's note. Although very guarded, it authorizes the belief that the 
preponderating influence of Russia has been thrown into the scale of 
peace. Notwithstanding predictions of a contrary result, confidently 
made by Mr. Secretary Canning, this decision of the Emperor cor- 
responds with the anticipations which have been constantly entertain- 
ed here, ever since the President resolved to invoke his intervention. 
It affords strong evidence both of his humanity and his enlightened 
judgment. All events out of Spain seem now to unite in their tendency 
towards peace; and the fall of the Castle of St. Juan de UUoa, which 
capitulated on the 18th day of last month, cannot fail to have a pow- 
erful effect within that kingdom. Wc are informed that, when infor- 
mation of it reached the Havana, it produced great and general sen- 
sation; and that the local government immediately despatched a fast 
sailing vessel to Cadiz to communicate the event, and. in its name, to 
implore the King immediately to terminate the war, and acknowledge 
the new Republics, as the only means left of preserving Cuba to the 
Monarchy. 

In considering what further measures could be adopted by this Go- 
vernment, to second the pacific exertions which, it is not doubted, the 
Emperor is now employing, it has appeared to the President, that a 
suspension of any military expedition, which both or either of the Re- 
publics of Colombia and Mexico may be preparing against Cuba and 

* See ante page 40. 



151 [68] 

Porto Rico, might have a good auxiliary influence. Such a suspen- 
sion, indeed, seemed to he due to the friendly purposes of the Emperor. 
I have, accordingly, addressed official notes to the Ministers of those 
Republics, accredited here, recommending it to their Governments, an 
extract from one of which, (the other heing substantially the same) is 
herewith transmitted. You will observe it intimated in those notes, 
that other Governments may feel themselves urged, by a sense of their 
interests and duties, to interpose in the event of an invasion of the 
Islands, or of contingencies which may accompany or follow it. On 
this subject it is proper that we should be perfectly understood by 
Russia. For ourselves, we desire no change in the possession of Cu- 
ba, as has been heretofore stated. We cannot allow a transfer of the 
Island to any European Power. But if Spain should refuse to con- 
clude a peace, and obstinately resolve on continuing the war, although 
we do not desire that either Colombia or Mexico should acquire the 
Island of Cuba, the President cannot see any justifiable ground on 
which we can forcibly interfere. Upon the hypothesis of an unneces- 
sary protraction of the war, imputable to Spain, it is evident that 
Cuba will be her only point d'appui, in this hemisphere. How can 
we interpose on that supposition, against the party clearly having right 
on his side, in order to restrain or defeat a lawful operation of war ? 
If the war against the Islands should be conducted by those Republics 
in a desolating manner; if, contrary to all expectation, they should 
put arms into the hands of one race of the inhabitants to destroy the 
lives of another: if, in short, they should countenance and encourage 
excesses and examples, the contagion of which, from our neighbor- 
hood, would be dangerous to our quiet and safety; the Government of 
the United States might feel itself called upon to interpose its power. 
But it is not apprehended that any of those contingencies will arise, 
and, consequently, it is most probable that the United States should 
the war continue, will remain hereafter, as they have been heretofore, 
neutral observers of the progress of its events. 

You will be pleased to communicate the contents of this despatch to 
the Russian Government. And as, from the very nature of the object 
which has induced the President to recommend to the Governments of 
Colombia and Mexico a suspension of their expeditions against the 
Spanish Islands, no definite time could be suggested for the duration 
of that suspension, if it should be acceded to, it must be allowed on all 
hands, that it ought not to be unnecessarily protracted. Therefore, 
you will represent to the Government of Russia, the expediency of 
obtaining a decision from Spain, as early as possible, in respect to its 
disposition to conclude a peace. 

1 arn your obedient servant, 

H. CLAY, 
Henky Midbleton, Envoy Extraordinary 

and Minister Plenipotentiary of U. S. St. Petersburg. 



[68] 152 

Documents accompanying the President's Message, of the 2d February, 
1826, in answer to a resolution of tht Senate of 'the 50th January * 

The Secretary of State, ti» whom the President has referred the 
resolution of the Senate, of the 30th January, 182G, requesting him 
to inform the Senate whether the Government of Spain has heen in- 
formed of the application made hy our Government for the interven- 
tion of the Emperor of Russia, to induce Spain to recognize the in- 
dependence of the South American States and to lay before the 
Senate the correspondence, if any has takim place, between our Min- 
ister at Madrid and the Spanish Government, and also between such 
Minister and our Government, on the subject of such intervention 
and recognition, has the honor to report, 

An extract of a letter from this Department, to Mr. Everett, 
dated Department of State, 27th April, 1825. 

An extract from the notes of a conversation between Mr. Everett 
and Mr. Zea, communicated with a despatch from Mr. Everett to 
this Department, dated 25th September 1825. 

An extract of a despatch from Mr. Everett, to this Department, 
of the 20th October. 1 82 f. 

. All which is respectfully submitted. 

-. -- H. CLAY. 



Extract of a letter from Mr. Cknf io~JIi\ Everett, dated (i Department 

of Slate. 9.7 Hi April, 1825. 

" Besides the preceding objects to which your attention will be di- 
rected, others of great interest will also claim it. Of these, that of 
the highest importance* is the present war between Spain and her 
former colonies, on this Continent The President wishes you to 
bring this subject, in the most conciliating manner possible, before 
the Spanish Government. It would be as unnecessary as unprofita- 
ble, to look to the past except tor the purpose of guiding future con- 
duct. True wisdom dictates that Spain, without indulging in una- 
vailing regrets, on account of what she has irretrievably lost, should 
employ the means of retaining what she may yet preserve from the 
wreck of her former possessions. The war upon the Continent is. in 
fact, at an end. Not a solitary foot of land from the Western limit 
of the United States to Cape Horn owns her sway; not a bayonet in 
all that vast extent, remains to sustain her cause. And the Pen in* 
sula is utterly incompetent to replace those armies which ha\e been 
vanquished and annihilated hy the victorious forces of the New lie- 
publics. What possible object, then, can remain to Spain to protract 
a war which she can no longer maintain, and to the conclusion of 
which, in form, there is only wanting Hie recognition of the New 
Governments, hy treaties of peace? if there were left the most dis- 
tant prospect of her reconquering her Continental Provinces, which 
have achieved their independence, there might be a motive for her per- 
severance. But every expectation of such reconquest, it is manifest, 

* See ante page 77. 



153 [68] 

must be perfectly chimerical. If she can entertain no rational hope 
to recover what has been forced from her grasp, is there not great 
danger of her losing what she yet but feebly holds? It should be 
borne in mind that the armies of the New States, flushed with victo- 
ry, have no longer employment on the Continent: and yet, whilst the 
war continues, if it be only in name, they cannot be disbanded, 
without a disregard of all the maxims of just precaution. To what 
object, then, will the New Republics direct their powerful and vic- 
torious armies? They have a common interest and a common enemy, 
and let it be supposed that that enemy, weak and exhausted as he is, 
refuses to make peace, will they not strike wherever they can reach? 
and from the proximity and great value of Cuba and Porto Rico, is 
it not to be anticipated that they will aim, and aim a successful blow 
too, at those Spanish Islands? Whilst they would operate from with- 
out, means would, doubtless, be, at the same time, employed to stimu- 
late the population within to a revolt. And that the disposition exists 
among the inhabitants, to a considerable extent, to throw off the 
Spanish authority, is well known. It is due to the United States to 
declare, that they have constantly declined to^give any countenance 
to that disposition. 

It is not, then, far the new Republics, tuafthejPccsident wishes you 
to urge upon Spain the expediency of concluding the war. Their in- 
terest is probably on the side of its ^continuance, if any nation can 
ever have an interest in a state of war. But" it is for Spain herself, 
for the cause of humanity, for the general repose of the world, that 
you are required, with all the delicacy which belongs to the subject, 
to use every topic of persuasion, to impress upon the councils of 
Spain the propriety, by a formah pacification, of terminating the war. 
And as the views and policy of tire United States, in regard to those 
islands, may possibly have some influence, you are authorized, frank- 
ly and fully, to disclose them. The United States are satisfied with 
the present condition of those Islands, in the hands of Spain, and 
with their ports open to our commerce, as they are now open. This 
Government desires no political change of that condition. The popu- 
lation, itself, ot the Islands, is incompetent at present, from its com- 
position and its amount, to maintain self-government. The maritime 
force of the neighboring Republics of Mexico and Colombia is not, 
now, nor is it likely shortly to be, adequate to the protection of those 
Islands, if the conquest of them were effected. The United States 
would entertain constant apprehension of their passing from their 
possession to that of some less friendly sovereignty: And of all 
the European Powers, this country prefers that Cuba and Porto Rico 
should remain dependent on Spain. If the war should continue be- 
tween Spain and the new Republics, and those Islands should become 
the object and the theatre of it, their fortunes have such a connection 
with the prosperity of the United States, that they could not be indif- 
ferent spectators; and the possible contingencies of such a protracted 
war, might bring upon the Government of the United States duties 
and obligations, the performance «f which, however painful it should 



[68] 154 

be, they might not he at liberty to decline. A subsidiary considera- 
tion in favor of peace, deserving some weight, is, that as the war has 
been the parent cause of the shocking piracies in the West Indies, its 
termination would be, probably, followed by their cessation: And thus 
the Government of Spain, by one act, would fulfil the double obliga- 
tion, under which it lies to foreign Governments, of repressing enor- 
mities, the perpetrators of which find refuge, if not succor, in Spanish 
territory; and that to the Spanish nation, itself, of promoting its real 
interests. 



Exiract from the notes of a conversation between Mr. Everett and Mr. 
Zea, communicated with a despatch, No. 7, from Mr. Everett U* 
Mr. Clay, dated « Madrid, September 25th, 1825. 

"In the course of this conversation upon matters touching so near- 
ly the independence of the Colonics, there were of course frequent op- 
portunities of alluding to that question, and the Minister seemed to 
feel no delicacy or reserve in expressing his sentiments upon it. He 
remarked, repeatedly, that the King would never abandon his claim to 
these his ancient and rightful possessions; that the cause was a good 
one; and that, however, unfavorable their prospect might appear at 
present, they had aright to suppose that they should, in the end, suc- 
ceed; that we had seen, of late, revolutions in political affairs at least 
as violent as this would be ; for example, the overthrow of Bonaparte, 
and the restoration of Louis the XVI11 to the throne of his ancestors; 
that the party in the colonies in favor of independence, though domi- 
nant, and apparently unresisted, was not, in reality, so strong as was 
generally supposed; that it consisted of a busy and active, but in re- 
ality feeble minority; that the mass of the good citizens, constituting 
a great majority of the population, were in favor of the King, and were 
only waiting for some suitable occasion to come out in their strength, 
and to put down the insurgents, and finally, that the cause, being a 
just one, they had a right to suppose, that they should be assisted, 
sooner or later, by an interference of Providence. 

I did not think it necessary to enter very fully into the argument 
with Mr. Zea. 

I said to him, however, that I regretted to hear from him so deci- 
sive a declaration of the King's resolution not to acknowledge the 
new States; that my Government had hoped that the battle of Ayacu- 
cho, and the recognition of England, would have been considered by 
His Majesty as settling the question, and that he would have been in- 
duced to put an end to the violent state of things now existing, which 
was more or less injurious to all Christian nations; that enlightened 
men of all classes, parties, and opinions, in most of the civilized coun- 
tries of Europe, and in the United States, were now satisfied that 
Spain could never recover her authority over the colonies. As a single 
nstance, I mentioned to him the opinion of the Bishop of Hermopolis.. 
Minister of Church Affairs in France, and well known, throughout 



155 f6®3 

Europe, as one of the ablest and most decided adherents of the anti- 
liberal sect, whom I had seen at Paris, on my way, and who had told 
me, expressly, that he regarded the affair of South America as 
settled. 

To this he made answer, that the Bishop had also, in the time of 
Bonaparte, despaired of the possibility of the King's restoration, and 
that he might be as much in the wrong now, as he wae then. I re- 
marked, that there were evident symptoms in the proceedings of the 
French Government, of an intention to recognize the new States at no 
very distant period. He said that France had hitherto stood by them 
faithfully in all their troubles; that he could not say how long she would 
be true to them, but should she even desert them, the King would still 
adhere firmly to his principles; that the standing and invariable rule 
of conduct observed by His Majesty upon all occasions, was that of 
strict justice; that he made no concessions to expediency, acknow^ 
ledged no distinction between politics and morals, and was prepared 
to sacrifice every thing rather than surrender what he knew to be 
his right. He then recurred to his favorite example of Louis XVIII. 
said that they were by no means reduced to so low a point as he had 
been; that he, too, often had been solicited to abandon his claims to 
the French throne; but thai, by firmly rejecting all such propositions, 
and tenaciously adhering to his purpose, he had finally succeeded in 
recovering every thing. 

It struck me, that the example of Bonaparte, who had lost all by 
obstinately refusing to make a timely surrender of a part, would have 
been rather more to the point, but I did not think it worth while to 
press this subject at present. I told him that I was not called upon 
to advise his Majesty's Ministers upon this or any other question, and 
that what I had said, had been thrown out incidentally in reply t6 
his remarks." 



No. 10. 

Extract. of a letter from Mr. Everett to the Secretary of State, dated 

Madrid, October QOth, 1 8£5. 

"It was reported here very confidently, a few days ago, that the 
new Consulative Junta, or Council of Government, was occupied in 
preparing the way for an arrangement with the South American 
States. Upon tracing this rumor to its origin, I found that it arose 
from the fact that the council had deputed some of its members to con- 
fer with two Spanish officers who lately arrived from South America, 
by way of the Havanna and New York, and are the same that were 
sent out by the Constitutional Government to Buenos Ayres, as Com- 
missioners. They landed at Bordeaux from New York, and came 
on immediately to this place, remained here about three weeks, dur- 
ing which time they had occasional conferences with members of the 



[68] 156 

council, and afterwards proceeded to Cadiz. These facts being 
known, and it being also understood that the council had hern request- 
ed by the minister to give their opinion upon the measures proper to 
be taken, in regard to the colonies, it was natural enough to draw the 
conclusion, that the conferences in question had some connexion with 
this subject, and that the persons with whom they were held, might, 
perhaps, have gone to Cadiz, on their way to America, as private 
agents of the Government. Another, and more probable construc- 
tion of the fact, would be, that the council had no other object in con- 
ferring with these gentlemen, than to obtain information respecting 
the state of the colonies. 

About the time when this report was in circulation, I went to the 
Escurial in order to be present at the celebration of the king's birth 
day, and when there, had, of course, frequent opportunities of seeing 
the minister. In one of the conversations which I had with him. I 
inquired of him what foundation there was for this rumor, and whe- 
ther there was any change of policy contemplated, in regard to the 
American States. To this question, he replied most decidedly in the 
negative, and entered anew, and very readily, at great length, into an 
exposition of the intentions of the Government, repeating ii sub- 
stance the same remarks which he had made to mc at San Ndefonao* 
He declared that the king would never abandon his rights; that it was 
a matter of conscience with him to transmit his hereditary posses- 
sions to his successors; that the Royalist cause was not so desperate 
as we supposed; that there wereeven now, symptoms of a return of these 
provinces to their ancient loyalty; and that such an event would not 
be at. at all strange, considering what violent and sudden revolutions 
have been constantly occurring, during the last thirty years. From 
all that he said upon the subject, I was quite satisfied that the reports 
of an intended arrangement, were entirely groundless, and that the 
detention and examination of the above mentioned officers, were mere- 
ly for the purpose of obtaining information as to facts. 

The tone and manner of the minister, during this conversation, 
were such as to induce me to doubt the correctness of the opinion which 
I had entertained and expressed to you, as to his private sentiments 
upon the subject. He spoke with so much decision and apparent 
openness, of the probability of reconquering the colonies, that 1 found 
myself bound to give him credit for his sincerity, at the expense of 
bis sagacity and good sense. He inquired of me at this time, whether 
I had any knowledge of the communications that had lately been made 
by my Government, upon that subject to the emperor of Russia. I 
replied in the affirmative, and he then said that he had received the 
day before, for the first time, upon his return to the Escurial. from 
Madrid, an intimation, (probably from one of the ministers abroad) 
that some overtures had been made in that quarter, and requested me 
to give him such information respecting them, as! might think it pro- 
per to communicate. I was not quite so fully prepared upon this sub- 
ject myself, as I could have wished, not having obtained any answer 
from Mr. King, to the request which I made him, for a copy of the* 



157 



i ructions to Mr. Middleton. probably because he has had no ™d 
private occasion to send it I, however, told him, that my Govern- 
merit made no secret of their policy in regard to his buXcT a "d 
that I had no objection to inform him that our minister at SU&X2 

that the contest between Spain and the colonies must be considered 
as finally settled ,n favor of the latter party: their nersuas oT that 
the interest of Spain, and the general good of the cTvXS Jorld 
would be promoted, by the early acquiescence o Mis cSlic M^ 
jesty in this result, and their wish that the emperor, shoe 1 lie also 
entertain these opinions, would unite with them in ad visit e ami re" 
questing the Spanish Government to put an end to the war by a„ ac 
knowledgment of the independence of the colonies. I took (his on 

tt;r Lfwnat n i n ; n v h , e t^ more *«*** wiVi" d2 

eetore, that what I had already suggested to him in favor of this mea 
sure, must be considered as expressing the wishes and no i 'v ( | mv 

™t of?"" 1 ' "iKr ? y ° Wn lnd ™ sentiments, wldTshoZ 
not, of course, think of intruding upon His Majesty's cahini/ T t 2 
Inn, that I was formally instructed to ava I mySfof any so kbh o 
casion to suggest to him, with the delicacy requ e d Kthe nature „f 
Tse'etis I' 1 " C r e8 \ de , S,>e ° f the GoverineS of t he L ed S a te , 

i £? "SSnW™ be a r d d , ea! struck with these «"»«»*■. m* 

whatl had slid To hffTr ,US n ? anne>% that he had considered 

conlun^W ^X^l^e f^? R Tt ^ S °" al 

So to Sat d^y^ltn^ I" S r '"^ "*. ™* for media " 
vious snkS Z fi J x- ,* C colomes ' U P°» the basis of their pre- 

never coZ If tr ^ ^? g " S ° VCrei§n *° wer * but that t3 ^ would 



C68] j 



1 



C68] 458 

added, however, that I should be well pleased to know, if he were dis- 
posed to inform me, what concessions the King would be willing to 
grant to the Americans, in the event of their return to theit* allegiance: 
as, for example, whether he would allow them to make their own laws, 
in legislative assemblies of their own choice ? My object in asking 
this question was, of course, merely to obtain a more complete view 
of the intentions and dispositions of the Government upon the whole 
subject. He replied, that, as to legislative assemblies, he was far 
from being satisfied that they would suit the condition of the Colonies, 
and that, in general, he thought the only safe course for the Americans 
would be, to trust entirely and implicitly to the King's known good 
character. I should have thought, from this answer, that my ques- 
tion did not make a very favorable impression upon him. At the 
close, however, of the conversation, he recurred to it in such a way 
as induced me to think that he would have been glad to consider it 
as an indirect overture from some of the Colonies. He said, after I 
arose to go, that the conversation had turned upon a number of deli- 
cate and interesting topics ; that, on such occasions, it was not always 
possible to distinguish between remarks that were merely of a private 
and personal description, and such as were official ; and that, in order 
to avoid mistakes upon that point, he should be glad if I would state, 
in writing, what my instructions required me to communicate to him 
as the opinions and intentions of the Government, and especially any 
proposition that I might be authorized to make, in the nature of an 
overture from the Colonies, founded on the basis of submission. I 
told him that I had no authority from any quarter, to make proposi- 
tions of that description ; but that I would, with pleasure, if he wish« 
ed it, give him an official statement of what I had said to him, by 
order of my Government, in favor of the acknowledgment of the inde- 
pendence of the new States. He replied, that he was ready to receive 
any note that I might send him ; but that, on that head, the King's 
mind was completely made up, beyond the possibility of change. Not- 
withstanding this, I have thoughts of preparing and transmitting to 
the Minister, a pretty detailed communication upon this subject. Such 
a paper, !if it does not produce much immediate effect upon the Span- 
ish Cabinet, may, perhaps, in one way or another, have a favorable 
bearing on the general question. 

Previously to this interview with Mr. Zea, I had availed myself of 
such occasions as offered, to converse upon the same subject with the 
British and Russian Ministers. The former is Mr. Frederick Lamb, 
brother of Lord Melbourne, a gentleman of about forty-five years of 
age, regularly trained to the diplomatic line, and apparently well fit- 
ted for it by his talents and information. The latter is Mr. D'Oubril, 
who has also passed his life in the employment of a foreign Minister, 
and has now reached the age of about sixty. He seems to enjoy the 
confidence of his Government, and last year took the place of Count 
Nesselrode, as Minister of Foreign Affairs, during an absence of the 
latter from St. Petersburgh, which lasted several months. Both these 
gentlemen have shown, since my arrival here, cxery disposition to bejf 



159 jrggj 

on friendly terms with me, and have plainly manifested h v « • * 

Mr. Lamb's sentiments, in regard to the «5mi+». a™ ■ 
are, of course, precisely the samf w 1 ours wo, " f^"' 

tain whether the British Governi en h«H'l./i f U '° Ustoascer - 
' to urge Spain to a n^toT^tlito^? 1 " T *"?*** 
Lamb upon this point Hesaid hphln i i *' and questioned Mr. 

Mr. Zea, so^after hS arrival f he tt ^ 'V™ r Versations >vith 

to me, and cited, to illustrate i,;« J ..^ \ i, hehas Sl «ce given 
I«ifaXVIH«DdBoiSSS to NoonlrnfT' th f Sa ™ e e ^esof 
made by England sinK Vec^utn^ I°X Ter'inT *T ^ 
commercial and nmnufacturing count™ i interest, as a 

The longer the war continues th lo.££ f W °" the oth er side, 
the Spanish American market for fe^ he G W ' S a »»°»opoly of 
MU Spain find it to^ShlJ^fS?' £? the mwe «**«** 
Of peace. England will the e IZ «™ k f Vanta S e3 u P°n the return 
to this matter, ^xm^l^^l^ be ™& eas ^ in ™gard 
she may think expedie t T teKn? the COUrse 
and to the Russian Minister S ™? ■ r P ? b ° th to Mr - Ze a 
flfr«id of it, thatThld mo e" ^XtLnt *»» ^ 
toleration, in favor of recognition £L i V . - than au ^ other 
of my remarks, and the ^Unfonv' .i ^ °? admitted *^ justice 
from the present state iS^S^. 1 " * *« way, 
elusion, by revertin- to «,*!,. ™ . y avoid the Proper con- 

return of ti c3Si A'SSSg^fr Hf ^ ° f a 
imagine will come about sooner or S%Hh^. y ^ 7 Seem to 
Neither Spain or her Allies, ami bv the ?i 1 Uf 7 ^^ the P art 
Invention of Divine Providence I learl^ S T unI ™ k e«-for in- 
Mr. L. excepting the fact Sine Bn2r U ° thing material fr ™ 
n regard JtlJ matt er, anl ZllfZ no M^uT T" *** 
lecision of Spain. He professed to W« ? f^t? ? lnflue nce the 
o the state of the Spanish settlement in A '^ info ™ a tion M 
massed the greater part P f h lift riSdLZ W^ a " d havin S 
.. the Continent, L been, in »£$?£? ^^S 

A^^ did not 

mperor to encourage Spain in her nresen? « f d '"I? 1 * 011 of tl * 
^dividually, he did not by any means^ake tt27 ■ He Said that > 




vernment did, and yeTtuat h. SUb " 

pte, and was far from being sure "Sat the in* X1 S?\ and Buo » a - 
orwould d^actthe 00^^^^^^=^ 



1 



+ . , . — "»'"«jhs wnicn 
t not bring them again under 



160 

ihe Spanish Government He was aware, nevertheless, that Sp;; 
was daily and yearly suffering greai. injury from the effects' of t 
present system, and that", In continuing it, she would prohably It 
her remaining poss( -i'jiv-: in America, and her chance of ever obtai 
ing a due share in the trade with that Continent, besides endangeri 
her national existence at home. This was making out a pretty stro 
case in favor of recognition, but he still returned to his former te. 
that he considered the question as extremely doubtful. In all that 
said upon it, he professed to declare merely his own personal opinio 
and feelings, and, if I recollect light, did not* say directly what la 
guage he was ordered to hold in his communications with this G 
vernment. It is understood, however, that the influence of the E> 
peror lias been employed in support of the present system; and t 
general impression which I received from his remarks, coincided w 
this opinion. Mr. D'Oubril's private sentiments may possibly be d 
ferent. Both he and Mr. L. inquired of me respecting the late ov< 
turcs made by the President's order at St. Petersburg, and api>cai 
to have some, though not a very minute acquaintance with the hi 
guage of your instructions to Mr. Middletou. The. Representatn 
of France, Holland. Swede::, 4 \\ n and Prus>i 
have had moi p or ,ess eonversatioi "inon thi ftve all ( 

pressed thomselve^ strongly in opj. ' ton to t!ie policy of Spai 
Even the Pope's Nuncio, and the Ambassador from Napten, seem 
be of the American party. The French, I suspect, are making prei 
strong efforts in favor of the New States, but, on this point, l'h-(y 
present, no very precise information.'' 



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